Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 2)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 2) was introduced to provide urgent financial assistance to individuals adversely affected by the Wambelong bushfire in New South Wales, which began on 13 January 2013. This legislation was enacted to address the immediate needs of those impacted by the disaster, offering a one-off payment under the Social Security Act 1991. The Australian Government Disaster Recovery Payment (AGDRP) is intended to support those who have suffered serious injury, lost immediate family members, experienced significant damage to their principal place of residence, or faced other severe disruptions due to the bushfire. The determination was made by the Minister under section 36 of the Act, which empowers the Minister to declare a major disaster requiring a Commonwealth Government response. The Determination sets out specific circumstances that qualify individuals for the AGDRP, including direct injury, loss of residence, and the inability to access their residence for at least 24 hours. This legislation aims to provide swift and necessary support to affected individuals without the delay of formal parliamentary disallowance.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 2) applies to individuals who have been adversely affected by the Wambelong bushfire in New South Wales that commenced on 13 January 2013, specifically within the Local Government Areas of Coonamble, Gilgandra, and Warrumbungle as at 15 January 2013. This Determination provides the specific circumstances under which a person qualifies for the Australian Government Disaster Recovery Payment (AGDRP) as defined by the Social Security Act 1991. The Act empowers the Minister to declare a disaster as a "major disaster" if it necessitates a Commonwealth Government response due to its significant impact on individuals. For the AGDRP, a person is considered adversely affected if they meet any of the outlined circumstances, such as being seriously injured, losing a family member, experiencing destruction or major damage to their residence, being unable to access their residence, or facing prolonged utility service outages. These definitions and circumstances are further clarified in section 3 of the Determination. Notably, the Determination is a legislative instrument and exempt from disallowance by Parliament, reflecting its urgent nature and necessity in response to the disaster.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 2) sets out the specific circumstances under which an individual can qualify for the Australian Government Disaster Recovery Payment (AGDRP) following a major disaster, as specified in section 1061K of the Social Security Act 1991. The determination applies to the Wambelong bushfire in New South Wales, which began on 13 January 2013 and affected the Local Government Areas of Coonamble, Gilgandra, and Warrumbungle. Section 4 of the Determination outlines that a person is considered adversely affected by the major disaster if they are impacted in any of the ways specified in Schedule 2, which includes being seriously injured, losing an immediate family member, or having their principal place of residence destroyed or severely damaged. The obligations imposed by the Act on the affected individuals and entities primarily revolve around the accurate reporting and documentation of their circumstances to qualify for the AGDRP. Section 1061L(2) of the Act mandates that the Minister determines the specific circumstances under which a person can be deemed adversely affected, and these determinations are embodied in the Determination (No. 2). The Act also requires that the Minister, under section 36, declares a disaster as a major one if it warrants a Commonwealth Government response due to its significant impact on individuals. Breaching the provisions of the Act by providing false information or failing to meet the qualification criteria can result in serious consequences. While the Determination does not explicitly outline offences and penalties, the Social Security Act 1991 provides a framework for penalties in such cases. Providing false information to obtain benefits can be considered fraud, which under section 112 of the Act, can result in a criminal penalty, including imprisonment for up to five years, or a fine of up to 5,000 penalty units, or both. Additionally, civil consequences may include the recovery of wrongly paid benefits, interest, and additional costs incurred due to the fraudulent claim.