Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2)
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major disaster”.
Subsection 1061L(1) of the Act provides that, for the purposes of the Act, “a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster”.
Subsection 1061L(2) of the Act provides that the “Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster”.
Section 36 of the Act empowers the Minister to determine in writing that an event is a “major disaster” if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a Commonwealth Government response is required.
The Minister has made a declaration under section 36 of the Act that applies to only Tropical Cyclone Marcia that commenced on 20 February 2015 that affected the Fitzroy district in Queensland.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) (Determination (No. 2)) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by Tropical Cyclone Marcia that affected the Fitzroy district in Queensland.
Section 1 of Determination (No. 2) specifies the name of the determination.
Section 2 of Determination (No. 2) provides that it commences on the day it is signed.
Section 3 of Determination (No. 2) contains definitions relevant to Determination (No. 2).
Section 4 of Determination (No. 2) provides that for the purposes of 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 the way mentioned in Schedule 2.
Schedule 1 to Determination (No. 2) applies to only Tropical Cyclone Marcia that commenced on 20 February 2015 that affected the Fitzroy district in Queensland.
Schedule 2 to Determination (No. 2) provides four circumstances where a person is adversely affected by the major disaster referred to in Schedule 1.
The first circumstance is where the person is seriously injured as a direct result of the major disaster.
The second circumstance is where a person is an immediate family member of an Australian who is killed as a direct result of the major disaster.
The third circumstance is where the person’s principal place of residence has been destroyed or has sustained major damage as a direct result of the major disaster.
The fourth circumstance occurs where a person is the principal carer of a child and any of the three situations specified above apply to that child.
What constitutes “Act”, “destroyed”, “immediate family member”, “major damage”, “seriously injured” and “principal place of residence” is defined in section 3 of Determination (No. 2).
Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.
This instrument is not subject to disallowance by the Parliament (subsection 1061L(3) of the Act provides that section 42 of the Legislative Instruments Act 2003 does not apply to the determination).
Formal consultation has not been undertaken as Determination (No. 2) was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) was introduced by the Australian government to provide a legislative framework for the Australian Government Disaster Recovery Payment (AGDRP) in response to Tropical Cyclone Marcia, which occurred on 20 February 2015 and significantly affected the Fitzroy district in Queensland. This determination was enacted under the Social Security Act 1991, with the primary objective of ensuring that those adversely affected by the major disaster receive the necessary support. The Minister for Social Services, exercising authority under section 36 of the Act, declared Tropical Cyclone Marcia a major disaster warranting a Commonwealth Government response. This determination outlines the specific circumstances under which an individual can be considered adversely affected by the disaster, including 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 affected by the disaster. The determination, which does not require disallowance by Parliament, was issued urgently without formal consultation.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) applies to individuals who have been adversely affected by Tropical Cyclone Marcia that commenced on 20 February 2015 and affected the Fitzroy district in Queensland. This determination is an integral part of the Social Security Act 1991, which empowers the Minister to declare a major disaster and define the specific circumstances under which a person is considered adversely affected. For the purposes of this determination, adversely affected persons include those who have been seriously injured, are immediate family members of those killed, have had their principal place of residence destroyed or severely damaged, or are the principal carers of children meeting any of the aforementioned criteria. This Act does not apply to any other disasters or geographic areas beyond the specified cyclone and location. The Determination sets out the legislative framework for eligibility and the application process for the Australian Government Disaster Recovery Payment, ensuring a timely and targeted response to those in need following a declared major disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) include Section 4, which specifies the circumstances under which a person is considered "adversely affected" by Tropical Cyclone Marcia that affected the Fitzroy district in Queensland. The determination clarifies that an individual is adversely affected if they are seriously injured as a direct result of the disaster, if they are an immediate family member of an Australian killed due to the disaster, if their principal place of residence is destroyed or has sustained major damage, or if they are the principal carer of a child who falls into one of the above categories. These criteria are explicitly detailed in Schedule 2 of the Determination. Additionally, Section 3 provides definitions for key terms such as "destroyed", "immediate family member", "major damage", "seriously injured", and "principal place of residence" to ensure clarity and consistency in the application of the provisions.
The Act imposes specific obligations and requirements on the parties it governs. The Minister is tasked with determining whether a particular event qualifies as a "major disaster" under Section 36 of the Social Security Act 1991 and subsequently declaring it as such. Once a disaster is declared, the Minister must also determine the specific circumstances under which individuals are considered "adversely affected" by the disaster, as outlined in Section 1061L of the Act. These determinations must be made in writing and are designed to ensure that those who are genuinely impacted by the disaster receive the necessary support. Furthermore, the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) itself provides detailed criteria that must be met for an individual to qualify for the Australian Government Disaster Recovery Payment (AGDRP). This includes adhering to the definitions and conditions set forth in the Determination, ensuring that the payment is only issued to those who genuinely meet the established criteria.
Any breaches of the provisions set forth in the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 2) could lead to civil or criminal consequences. While specific offences and penalties are not detailed in the text provided, it is understood that the Determination is a legislative instrument and is not subject to disallowance by the Parliament, as stated under subsection 1061L(3) of the Social Security Act 1991. This suggests that the penalties for non-compliance could be significant, potentially including fines or other legal repercussions for those who do not adhere to the requirements of the Determination. Additionally, the urgency with which the Determination was created, as noted in the Explanatory Statement, implies that strict enforcement and compliance are essential to ensure the effective distribution of disaster recovery payments.