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

Administered by Department of Home Affairs

Legislation au F2013L01814 Not in force Legislative Instrument

Legislation content

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

as amended

made under subsection 1061L(2) of the

Social Security Act 1991

Compilation start date:  29 October 2013

Includes amendments up to: Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10)

 

About this compilation

This compilation

This is a compilation of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5) as in force on 29 October 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 2 December 2013.

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

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included 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—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

1  Name of determination

  This determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5).

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.

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

 

Only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port Macquarie‑Hastings, Port Stephens, Wingecarribee, Wollondilly and Wyong.

 

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

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

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

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

18 Oct 2013 (see F2013L01814)

19 Oct 2013

 

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 9)

23 Oct 2013 (see F2013L01826)

24 Oct 2013

—

Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10)

28 Oct 2013 (see F2013L01841)

29 Oct 2013

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LIA s 48D

Sch 1

 

Sch 1.........................

am 2013 No 9 and 10

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5) was enacted under subsection 1061L(2) of the Social Security Act 1991 by the Commonwealth Parliament to address the urgent need for financial assistance to individuals severely impacted by the 2013 bushfires in New South Wales. The primary policy objective of this determination is to provide a safety net for those adversely affected by the major disaster, ensuring they receive timely and adequate support to aid in their recovery. This determination provides specific criteria for determining who is adversely affected by the disaster and outlines the conditions under which individuals can receive the Australian Government Disaster Recovery Payment. The determination was amended to reflect the evolving circumstances of the disaster and to ensure the effective distribution of aid.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5) applies to individuals who have been adversely affected by a major disaster, specifically the bushfires in New South Wales that began on 9 October 2013 and affected certain Local Government Areas as specified in Schedule 1. This determination is made under the Social Security Act 1991 and provides eligibility criteria for the Australian Government Disaster Recovery Payment. A person is considered adversely affected if they are seriously injured as a direct result of the disaster, if they are an immediate family member of an Australian who was killed, if their principal place of residence was destroyed or sustained major damage, or if they are the principal carer of a child meeting the above criteria. The geographic reach of this determination is limited to the specified bushfires in New South Wales and the affected Local Government Areas, making it a state-specific legislation. The determination may be amended or extended through subordinate instruments, as evidenced by the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 9 and 10), which have been included in the compilation and have come into effect on 24 October 2013 and 29 October 2013, respectively.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5) provides for the payment of a special disaster recovery payment under section 1061L of the Social Security Act 1991. The determination specifies that the payment is applicable to individuals adversely affected by a major disaster, as defined in Schedule 1 and Schedule 2 of the legislation. Specifically, section 4 identifies the criteria for being adversely affected, which includes being seriously injured, being an immediate family member of a deceased Australian, having one’s principal residence destroyed or severely damaged, or being the principal carer of an affected child. The Act imposes certain obligations on the parties involved. For instance, to qualify for the payment, an individual must meet the specified criteria of being adversely affected by the disaster. The legislation outlines that the payment is contingent upon the individual being directly impacted by the disaster, either through personal injury, loss of a family member, property damage, or by caring for an affected family member. The Act also requires that the individual must satisfy the definition of 'adversely affected' as per the detailed criteria provided in Schedule 2. Failure to comply with the conditions set out in the Act can result in penalties or other legal consequences. While the determination does not explicitly state penalties for non-compliance, under the general provisions of the Social Security Act 1991, misrepresentation or incorrect claims could be subject to fines or other enforcement actions. Furthermore, the Act might also include civil or criminal consequences for fraudulent claims, although the specific penalties are not detailed within the determination itself. In summary, the determination provides a framework for the eligibility and conditions for receiving disaster recovery payments, imposes specific obligations on claimants, and implicitly suggests that non-compliance could lead to penalties as outlined in the broader Social Security Act 1991.

Legal classification tags

Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.