Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 4)
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 the storms and flooding that commenced on 20 April 2015 at New South Wales East Coast Storms and Flooding in the Hunter Valley, Newcastle and Lake Macquarie, Central Coast and Mid North Coast Regions of New South Wales.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 4) (Determination (No. 4)) 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 the storms and flooding that affected the Hunter Valley, Newcastle and Lake Macquarie, Central Coast and Mid North Coast Regions of New South Wales.
Section 1 of Determination (No. 4) specifies the name of the determination.
Section 2 of Determination (No. 4) provides that it commences on the day it is signed.
Section 3 of Determination (No. 4) contains definitions relevant to Determination (No. 4).
Section 4 of Determination (No. 4) 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. 4) applies to only the storms and floods that commenced on 20 April 2015 and affected the Hunter Valley, Newcastle and Lake Macquarie, Central Coast and Mid North Coast Regions of New South Wales.
Schedule 2 to Determination (No. 4) 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. 4).
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. 4) was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 4) was enacted to address the urgent need for financial assistance to individuals adversely affected by the major disaster that occurred in the Hunter Valley, Newcastle and Lake Macquarie, Central Coast, and Mid North Coast regions of New South Wales starting on 20 April 2015. This determination complements the Social Security Act 1991, empowering the Minister to provide a one-off payment to those significantly impacted by the disaster, thereby facilitating immediate relief. The determination was issued under the authority of section 1061L of the Act, which allows the Minister to specify the circumstances in which a person is deemed to be adversely affected by a major disaster. Given the urgency of the situation, formal consultation was not undertaken; however, the determination ensures that affected individuals receive timely and appropriate support as outlined in the legislation.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 4) applies to individuals who have been adversely affected by the storms and flooding that commenced on 20 April 2015 in specific regions of New South Wales, namely the Hunter Valley, Newcastle and Lake Macquarie, Central Coast, and Mid North Coast. This determination, which is an extension of the Social Security Act 1991, provides the framework for qualifying for the Australian Government Disaster Recovery Payment (AGDRP). To be eligible, a person must meet the criteria of being adversely affected by the disaster in one of the specified ways, such as being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or significantly damaged, or being the principal carer of a child affected under the other conditions. This Determination outlines the specific circumstances in which individuals would be considered adversely affected and thereby qualify for the payment. The legislation is geographically confined to the areas mentioned and does not extend to other regions or types of disasters unless specifically declared by the Minister. This determination is a legislative instrument and therefore not subject to disallowance by the Parliament.
Key Provisions
The key operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2015 (No. 4) include sections 1 to 4, which establish the name, commencement, definitions, and criteria for being adversely affected by a major disaster (sections 1-4). Section 4 of the Determination (No. 4) specifies that for the purposes of the Social Security Act 1991 (the Act), a person is adversely affected by the major disaster if they are affected in one of the ways mentioned in Schedule 2 (section 4). Schedule 2 lists four specific circumstances where a person would be considered adversely affected, including serious injury, being an immediate family member of a person killed, having a principal place of residence destroyed or severely damaged, and being the principal carer of a child affected by any of these circumstances (Schedule 2).
The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires the Minister to make a declaration under section 36 that an event is a major disaster if it has a significant impact on individuals necessitating a Commonwealth Government response (section 36). Once this declaration is made, the Minister can then determine the specific circumstances under which individuals would be considered adversely affected by the disaster (subsection 1061L(2)). The Act also mandates that the Minister's determinations are to be made in writing and specify the exact nature of the adverse effects that qualify an individual for the Australian Government Disaster Recovery Payment (subsection 1061L(2)). Additionally, the Act requires that formal consultation be undertaken unless the determination is required as a matter of urgency (subsection 1061L(3)).
Offences and penalties under this legislation are not explicitly stated in the text. However, the provision that a determination under section 1061L is a legislative instrument, which is not subject to disallowance by Parliament (subsection 1061L(3)), implies a strong regulatory oversight. This suggests that any breach of the provisions could lead to legal consequences, though the exact nature of these penalties is not detailed in the text. The absence of disallowance also indicates that the determinations made under this Act are binding and enforceable, which could result in civil or criminal consequences for non-compliance with the determined criteria for receiving the Australian Government Disaster Recovery Payment.