Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination 2016 (No. 1)
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 Bushfire that commenced on 6 January 2016 in Waroona and affected the Peel and South West Regions of Western Australia.
The Social Security (Australian Government Disaster Recovery Payment) Determination 2016 (No. 1) (Determination (No. 1)) 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 bushfire that commenced 6 January 2016 in Waroona and continued in January 2016 and affected the Peel and South West Regions of Western Australia.
Section 1 of Determination (No. 1) specifies the name of the determination.
Section 2 of Determination (No. 1) provides that it commences on the day it is signed.
Section 3 of Determination (No. 1) contains definitions relevant to Determination (No. 1).
Section 4 of Determination (No. 1) 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. 1) applies to only the bushfires that commenced on 6 January 2016 and affected the Peel and South West Regions of Western Australia.
Schedule 2 to Determination (No. 1) 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. 1).
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. 1) was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination 2016 (No. 1) was introduced to address the immediate financial needs of Australians adversely affected by a major disaster, specifically the bushfires that commenced on 6 January 2016 in Waroona and affected the Peel and South West Regions of Western Australia. This determination was enacted to provide a one-off payment under the Social Security Act 1991, ensuring that eligible individuals receive timely assistance. The policy objective is to offer immediate financial relief to those who are seriously injured, have lost immediate family members, experienced the destruction or significant damage of their principal place of residence, or are principal carers of affected children. The determination was made by the Minister under section 36 of the Act, and it is a legislative instrument not subject to disallowance by the Parliament. Given the urgency of the situation, formal consultation was not undertaken in the creation of this determination.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination 2016 (No. 1) applies to individuals who have been adversely affected by the bushfires that commenced on 6 January 2016 in Waroona and affected the Peel and South West Regions of Western Australia. The determination outlines the specific circumstances in which a person is regarded as adversely affected, such as being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or damaged, or being the principal carer of a child who has been affected. These definitions and criteria are established under the Social Security Act 1991, which empowers the Minister to declare an event as a major disaster and specify the conditions for receiving the Australian Government Disaster Recovery Payment. The geographic scope of this determination is limited to the affected regions in Western Australia, and it does not apply to other areas or types of disasters. The determination is a legislative instrument and is not subject to disallowance by the Parliament, reflecting the urgent need for such measures in the wake of the disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2016 (No. 1) (Determination (No. 1)) are set out in sections 1 to 4. Section 1 identifies the name of the determination, while section 2 specifies that the determination commences on the day it is signed. Section 3 contains definitions relevant to the determination, including terms such as "destroyed", "immediate family member", "major damage", "seriously injured", and "principal place of residence". Section 4 outlines the specific circumstances under which a person is to be considered "adversely affected" by the major disaster, as detailed in Schedule 2. These circumstances include 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 any of these situations.
The Act imposes certain obligations and requirements on the parties and entities it governs. Firstly, it requires that the Minister determine, in writing, the circumstances in which individuals are adversely affected by a major disaster (section 1061L(2)). In this case, the Minister has declared the bushfires in the Peel and South West Regions of Western Australia to be a major disaster and has specified the conditions under which individuals are adversely affected. Secondly, the Act mandates that the Social Security (Australian Government Disaster Recovery Payment) Determination 2016 (No. 1) provides the legal framework for these determinations to take effect, ensuring that those who meet the criteria for being adversely affected by the disaster are eligible for the Australian Government Disaster Recovery Payment (AGDRP).
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of the Determination (No. 1) itself. However, failure to comply with the provisions of the Social Security Act 1991 (the Act) or any related regulations could potentially lead to legal repercussions, such as fines or other penalties as prescribed under the relevant sections of the Act. The Determination (No. 1) is a legislative instrument and is not subject to disallowance by the Parliament, as specified in subsection 1061L(3) of the Act. This means that the determination is legally binding and must be adhered to by all relevant parties. Formal consultation was not undertaken for this determination due to the urgency required in response to the disaster.