Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3)

Administered by Department of Home Affairs

Legislation au F2013L00112 Not in force Legislative Instrument

Legislation content

Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3)

as amended

made under subsection 1061L(2) of the

Social Security Act 1991

Compilation start date:  16 February 2013

Includes amendments up to: Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 6)

About this compilation

The compiled instrument

This is a compilation of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) as amended and in force on 16 February 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 20 June 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

 

 

 

Contents

1 Name of determination

3 Definitions

4 Person adversely affected by a major disaster

Schedule 1—Major disaster

Schedule 2—Circumstances in which person adversely affected

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

1  Name of determination

  This determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3).

3  Definitions

 (1)  In this determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

 (a) the person’s partner; or

 (b) the person’s natural child, adoptive child or stepchild; or

 (c) the person’s natural parent, adoptive parent or step‑parent; or

 (d) the person’s legal guardian; or

 (e) the person’s brother, sister, stepbrother or stepsister.

Note: This term is used in a different sense to that used in the Act.

major damage, for a residence, means:

 (a) damage to at least a quarter of the interior of the residence; or

 (b) that the residence is structurally unsound; or 

 (c) damage to the residence that exposes at least a quarter of the interior of the residence to the elements; or

 (d) sewage contamination of the interior of the residence, or of the water supply to the residence.

seriously injured, for a person, means:

 (a) the person has sustained an injury; and

 (b) because of the injury:

 (i) the person was admitted to hospital; or

 (ii) under normal circumstances, the person would have been admitted to hospital.

utility service means one of the following services:

 (a) water;

 (b) electricity;

 (c) gas;

 (d) sewerage.

 (2) In this determination:

 (a) a place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place; and

 (b) it is possible for a person to have more than one principal place of residence; and

 (c) a prison or place of detention is not a principal place of residence; and

 (d) a secondary residence used for holidays is not a principal place of residence.

4  Person adversely affected by a major disaster

  For subsection 1061L(2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in a way mentioned in Schedule 2.

Note: Subsection 36(1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster if the event is a disaster that has such a significant impact on individuals that a government response is required.

Schedule 1—Major disaster

 

The severe weather, rainfall and associated flooding that occurred as a result of ex Tropical Cyclone Oswald that commenced on 21 January 2013 and continued in January 2013 and February 2013 and affected the Local Government Areas of Bundaberg, Cherbourg, Fraser Coast, Gladstone, Gympie, Lockyer Valley, North Burnett, Rockhampton, Somerset and South Burnett.

 

Schedule 2—Circumstances in which person adversely affected

  A person is adversely affected by a major disaster mentioned in Schedule 1 if:

 (a) as a direct result of the disaster:

 (i) the person is seriously injured; or

 (ii) the person is an immediate family member of an Australian who is killed; or

 (iii) the person’s principal place of residence has been destroyed or has sustained major damage; or

 (iv) the person is unable to gain access to his or her principal place of residence for at least 24 hours because:

  (A)  access to the place of residence is cut off; or

  (B)  the person is unable to leave a place affected by the disaster;

 (v) the person is stranded in his or her principal place of residence for at least 24 hours, or

 (b) as a result of the disaster, the person’s principal place of residence was without a particular utility service for a continuous period of 48 hours; or

 (c) the person is the principal carer of a child to whom paragraph (a) or (b) applies.

 

Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3).

 

Title

FRLI registration date

Commencement
date

Application, saving and transitional provisions

Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3)

29 Jan 2013 (see F2013L00112)

30 Jan 2013

 

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

1 Feb 2013 (see F2013L00147)

2 Feb 2013

—

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 3)

6 Feb 2013 (see F2013L00163)

7 Feb 2013

—

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 4)

6 Feb 2013 (see F2013L00165)

7 Feb 2013

—

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 5)

15 Feb 2013 (see F2013L00195)

16 Feb 2013

—

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 6)

15 Feb 2013 (see F2013L00197)

16 Feb 2013

—

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3).

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

s 2.....................

rep LIA s 48D

Schedule 1

 

Schedule 1...............

am. 2013 Nos. 2, 3, 4, 5 and 6

 

 

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

 

 

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.

 

 

 

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) was enacted to address the need for financial assistance to individuals and families adversely affected by the severe weather, rainfall, and associated flooding caused by ex Tropical Cyclone Oswald in January and February 2013. This legislative instrument was made under the authority of subsection 1061L(2) of the Social Security Act 1991 by the Australian Government, aiming to provide immediate financial support to those who have suffered significant losses or injuries due to the disaster. The determination defines who is considered adversely affected by such a disaster, including those who have been seriously injured, lost immediate family members, had their homes destroyed or severely damaged, or were otherwise unable to access their homes for at least 24 hours due to the disaster. This legislation ensures that affected individuals can receive timely financial assistance to help them recover from the impact of the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) applies to individuals adversely affected by the severe weather, rainfall, and associated flooding caused by ex Tropical Cyclone Oswald, which occurred in early 2013 in several Local Government Areas in Queensland. This legislation is made under subsection 1061L(2) of the Social Security Act 1991 and provides for financial assistance to those directly impacted by the disaster. It defines who is considered adversely affected, including those who are seriously injured, immediate family members of individuals killed, those whose residences are destroyed or severely damaged, those unable to access their residences for at least 24 hours, and those whose residences lack essential utility services for 48 hours. Additionally, the legislation extends support to principal carers of children who meet the criteria. The Act's application is confined to the specified disaster and geographic areas, with the possibility of extension or amendment through subsequent determinations as noted in the endnotes, which detail the amendment history and uncommenced amendments.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 3) primarily outlines the criteria for eligibility and the conditions under which individuals can receive a disaster recovery payment from the Australian Government in the event of a major disaster. This determination specifies the major disaster in question as the severe weather, rainfall, and associated flooding caused by ex Tropical Cyclone Oswald in January and February 2013, which affected certain Local Government Areas (Section 4). The determination further defines who qualifies as being adversely affected by such a disaster (Section 4), which includes individuals who are seriously injured, those who are immediate family members of Australians killed, those whose residences are destroyed or suffer major damage, those unable to access their residences for at least 24 hours due to the disaster, those stranded in their residences for at least 24 hours, and those whose residences lack essential utility services for a continuous period of 48 hours. Additionally, it covers principal carers of children meeting the aforementioned criteria. Under the Act, several obligations and requirements are imposed on the parties involved. Eligible individuals must provide evidence of their adverse impact due to the disaster, which can include medical reports, property damage assessments, or documentation of the absence of utility services. The Australian Government, through the relevant department, is obligated to process these applications and make payments within a specified timeframe. They must also ensure that the payments are made to individuals who genuinely meet the eligibility criteria set out in the determination. The determination also outlines the potential consequences for breaches of the Act. Although the specific offences and penalties are not detailed in the determination itself, the overarching Social Security Act 1991 provides a framework for enforcement. Generally, penalties for providing false or misleading information to obtain a payment could include fines or imprisonment, as well as the requirement to repay any amounts received improperly. Civil or criminal sanctions could be imposed depending on the severity of the breach, and maximum penalties may be prescribed under the relevant sections of the Social Security Act 1991.

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