Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 1)

Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 1) was enacted to provide immediate relief to Australians adversely affected by the bushfires that commenced on 2 January 2015 at Sampson Flat and affected the Mount Lofty Ranges region in South Australia. This determination was introduced to address the urgent need for financial assistance to individuals and families who suffered due to the significant impact of the disaster, which warranted a Commonwealth Government response. The determination outlines the specific circumstances under which a person can be regarded as adversely affected by the disaster, such as being seriously injured, losing an immediate family member, or having their principal place of residence destroyed or damaged. This instrument was developed under the Social Security Act 1991, which empowers the Minister to declare a major disaster and determine the qualifying circumstances for the Australian Government Disaster Recovery Payment. The determination is a legislative instrument and not subject to disallowance by the Parliament. Due to the urgency of the situation, formal consultation was not undertaken in the development of this determination.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 1) applies specifically to individuals adversely affected by the bushfire that commenced on 2 January 2015 at Sampson Flat and affected the Mount Lofty Ranges region in South Australia. This legislation is an extension of the Social Security Act 1991, which provides a framework for the Australian Government Disaster Recovery Payment (AGDRP). The Act and its subsidiary determinations are intended to provide immediate financial assistance to those significantly impacted by the disaster. To qualify for the payment, a person must meet the criteria set out in section 1061K of the Act, which includes being adversely affected by the major disaster as determined by the Minister. The Minister has the authority to specify the exact circumstances under which an individual is considered adversely affected, as outlined in the Determination (No. 1). This includes being seriously injured, being an immediate family member of someone killed, having one's principal place of residence destroyed or damaged, or being the principal carer of a child who meets any of these criteria. The definitions of key terms such as "destroyed", "immediate family member", "major damage", "seriously injured", and "principal place of residence" are provided in the determination, ensuring clarity and precision in its application. This determination is a legislative instrument and exempt from disallowance under the Legislative Instruments Act 2003, reflecting the urgent need for such provisions in the aftermath of a disaster.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 1) focus on defining the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP) in the context of the bushfire that commenced on 2 January 2015 at Sampson Flat and affected the Mount Lofty Ranges region in South Australia. Section 1 of the Determination provides the name of the instrument, while Section 2 specifies that it commences on the day it is signed. Section 3 includes definitions for key terms such as "destroyed", "immediate family member", "major damage", "seriously injured", and "principal place of residence". Section 4 of the Determination aligns with subsection 1061L(2) of the Social Security Act 1991, outlining the specific circumstances under which a person is considered adversely affected by the major disaster mentioned in Schedule 1. These circumstances include being seriously injured, being an immediate family member of someone killed, having one's principal residence destroyed or severely damaged, or being the principal carer of a child who meets any of the previous criteria. The obligations imposed by the Act on parties or entities it governs include ensuring that affected individuals meet the specified criteria for the AGDRP. Specifically, the Minister, under section 36 of the Act, has the authority to declare an event as a "major disaster" if it significantly impacts individuals requiring a Commonwealth Government response. In this instance, the Minister has declared the bushfire in the Mount Lofty Ranges region a major disaster. The Act also mandates that the Minister determine, in writing, the circumstances under which persons are to be considered adversely affected by the disaster, as outlined in subsection 1061L(2) of the Act. Furthermore, the Act requires that the Determination be consistent with the declaration made by the Minister and that the relevant criteria for adverse effects are clearly defined and understood by the public. In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline specific offences or penalties related to the Determination itself. However, it is important to note that the Determination is a legislative instrument and not subject to disallowance by the Parliament, as indicated by subsection 1061L(3) of the Act. This means that the Determination has legal force and effect as if it were enacted by the Parliament, although it is not subject to the disallowance process stipulated in section 42 of the Legislative Instruments Act 2003. Therefore, while there are no explicit penalties for breaching the Determination, the seriousness of the legislative instrument and its role in providing critical support to those affected by the disaster underscore the importance of compliance with its provisions. Non-compliance or failure to adhere to the criteria set out in the Determination could result in affected individuals not receiving the necessary support, which in itself is a significant consequence.