Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 3)
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 Lam that commenced on 20 February 2015 that affected the Arnhem region in the Northern Territory.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 3) (Determination (No. 3)) 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 Lam that affected the Arnhem region in the Northern Territory.
Section 1 of Determination (No. 3) specifies the name of the determination.
Section 2 of Determination (No. 3) provides that it commences on the day it is signed.
Section 3 of Determination (No. 3) contains definitions relevant to Determination (No. 3).
Section 4 of Determination (No. 3) 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. 3) applies to only Tropical Cyclone Lam that commenced on 20 February 2015 that affected the Arnhem region in the Northern Territory.
Schedule 2 to Determination (No. 3) 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. 3).
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. 3) was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 3) was introduced to address the immediate financial needs of Australians adversely affected by the major disaster, specifically Tropical Cyclone Lam, which commenced on 20 February 2015 and impacted the Arnhem region in the Northern Territory. This determination, which is part of the Social Security Act 1991, provides a one-off payment to those who have been significantly impacted by this disaster. Enacted by the Minister under section 1061L of the Act, the policy objective of this determination is to offer prompt financial assistance to individuals who meet specific criteria of being adversely affected by the disaster, including those who have been seriously injured, lost immediate family members, or suffered destruction or major damage to their principal place of residence. This legislation was swiftly enacted to provide necessary relief without the delay of formal consultation processes.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 3) applies specifically to individuals who have been adversely affected by Tropical Cyclone Lam that commenced on 20 February 2015 and impacted the Arnhem region in the Northern Territory. This determination outlines the circumstances in which a person is regarded as adversely affected by this major disaster, which is a specific subset of the broader Australian Government Disaster Recovery Payment (AGDRP) criteria under the Social Security Act 1991. The Act and its determinations provide an immediate, one-off payment to Australians significantly impacted by such disasters, where the Minister has declared the event as a major disaster requiring a Commonwealth Government response. The geographic scope of this particular determination is confined to the Arnhem region in the Northern Territory affected by Tropical Cyclone Lam. It specifies that a person is adversely affected if they are seriously injured, an immediate family member of someone killed, their principal place of residence is destroyed or sustains major damage, or they are the principal carer of a child affected under any of the previous circumstances. The definitions for terms such as "destroyed", "immediate family member", "major damage", "seriously injured", and "principal place of residence" are provided within the determination, ensuring clarity and precision in application. This determination is a legislative instrument and is not subject to disallowance by the Parliament, reflecting the urgency and necessity of its implementation.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 3) sets out specific provisions for the Australian Government Disaster Recovery Payment (AGDRP) in response to Tropical Cyclone Lam that affected the Arnhem region in the Northern Territory on 20 February 2015. Section 4 of the Determination provides that for the purposes of subsection 1061L(2) of the Social Security Act 1991, a person is considered adversely affected by this major disaster if they are affected in one of the ways mentioned in Schedule 2. The determination outlines that a person is adversely affected if they are seriously injured as a direct result of the disaster, if they are an immediate family member of someone killed in the disaster, if their principal place of residence is destroyed or sustains major damage, or if they are the principal carer of a child affected by any of these circumstances.
The obligations imposed by the Act and the Determination include the requirement for the Minister to determine that an event qualifies as a major disaster and to specify the circumstances under which individuals are adversely affected. The Minister must also ensure that the determination is made in writing and that it includes the necessary definitions and criteria, as set out in Section 3 of the Determination. The Act and Determination together establish the framework for providing financial assistance to those affected by the disaster, ensuring that eligible individuals can access the AGDRP.
Failure to comply with the provisions of the Act and the Determination can lead to civil or criminal consequences, depending on the nature of the breach. While the specific penalties for non-compliance are not detailed in the provided text, breaches of legislative instruments can generally result in penalties under the relevant legislation. For instance, under the Social Security Act, there may be penalties for providing false or misleading information, which could lead to fines or other legal repercussions. It is important for individuals and entities governed by these provisions to adhere to the requirements to avoid any potential legal consequences.