Social Security (Australian Government Disaster Recovery Payment) Determination 2017 (No.1)

made under subsection 1061L(2) of the

Social Security Act 1991

Compilation No. 3  

Compilation date:   19 July 2017

Includes amendments up to: Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2017 (No. 3)

About this compilation

This compilation

This is a compilation of the Social Security (Australian Government Disaster Recovery Payment) Determination 2017 (No.1) that shows the text of the law as amended and in force on 19 July 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1. Name of determination

3. Definitions

4. Person adversely affected by a major disaster

Schedule 1—Major disaster

Schedule 2—Circumstances in which person adversely affected

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1.    Name of determination

 This determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2017 (No.1). 

3.    Definitions

 (1)  In this determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

 (a) the person’s partner; or

 (b) the person’s natural child, adoptive child or stepchild; or

 (c) the person’s natural parent, adoptive parent or step-parent; or

 (d) the person’s legal guardian; or

 (e) the person’s brother, sister, stepbrother or stepsister.

Note   This term is used in a different sense to that used in the Act.

major damage, for a residence, means:

 (a) damage to at least a quarter of the interior of the residence; or

 (b) that the residence is structurally unsound; or 

 (c) damage to the residence that exposes at least a quarter of the interior of the residence to the elements; or

 (d) sewage contamination of the interior of the residence, or of the water supply to the residence.

seriously injured, for a person, means:

 (a) the person has sustained an injury; and

 (b) because of the injury:

 (i) the person was admitted to hospital; or

 (ii) under normal circumstances, the person would have been admitted to hospital.

 (2) In this determination:

 (a) a place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place; and

 (b) it is possible for a person to have more than one principal place of residence; and

 (c) a prison or place of detention is not a principal place of residence; and

 (d) a secondary residence used for holidays is not a principal place of residence.

4.    Person adversely affected by a major disaster

 For 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 a way mentioned in Schedule 2.

Note   Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster if the event is a disaster that has such a significant impact on individuals that a government response is required.

Schedule 1—Major disaster

The severe weather, rainfall and associated flooding that occurred as a result of Tropical Cyclone Debbie that commenced on 28 March 2017 and continued in March and April 2017 and affected the local government areas of Logan, Gold Coast, Mackay, Rockhampton, Scenic Rim and Whitsunday in Queensland and the local government areas of Byron, Lismore and Tweed in New South Wales.

Schedule 2—Circumstances in which person adversely affected

  A person is adversely affected by a major disaster mentioned in Schedule 1 if:

 (a) as a direct result of the disaster:

 (i) the person is seriously injured; or

 (ii) the person is an immediate family member of an Australian who is killed; or

 (iii) the person’s principal place of residence has been destroyed or has sustained major damage; or

 (b) the person is the principal carer of a child to whom paragraph (a) applies.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history