Overview

The Social Security (Australian Government Disaster Recovery Payment) Determination 2019 (No. 1) was enacted to provide an immediate, one-off payment to Australians adversely affected by the major disaster caused by the monsoonal trough which produced heavy rainfall and flooding in early 2019, particularly in the local government areas of Burdekin, Cook, Douglas, Townsville, and Wujal Wujal in Queensland. This determination was made under the Social Security Act 1991 and specifies the criteria for the Australian Government Disaster Recovery Payment (AGDRP), empowering the Minister to declare that an event qualifies as a major disaster necessitating a government response. The policy objective is to offer financial assistance to those significantly impacted by the disaster, including those seriously injured, immediate family members of those killed, individuals whose residences were destroyed or severely damaged, and principal carers of affected children. The determination sets out these specific circumstances to clarify eligibility for the payment and was implemented swiftly due to the urgent nature of the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment) Determination 2019 (No. 1) applies to individuals who have been adversely affected by the specific major disaster involving the monsoonal trough that produced heavy rainfall and associated flooding in Queensland from January 25, 2019, affecting the local government areas of Burdekin, Cook, Douglas, Townsville, and Wujal Wujal. The Act specifies that a person qualifies for the Australian Government Disaster Recovery Payment if they fall into one of the four defined circumstances of being adversely affected by the disaster, such as being seriously injured, being an immediate family member of a person killed as a result of the disaster, having their principal place of residence destroyed or sustaining major damage, or being the principal carer of a child who is affected by any of the previous situations. The determination, made under section 1061L of the Social Security Act 1991, sets out these specific circumstances for the purposes of the Act and is not subject to disallowance by Parliament. The Minister’s power to make such a determination is underpinned by sections 1061K and 1061L of the Act, which allow for the identification of the criteria for adverse effects and the specific circumstances that constitute such effects in the context of a declared major disaster.

Key Provisions

The key operative sections of the Social Security (Australian Government Disaster Recovery Payment) Determination 2019 (No. 1) are sections 1061K and 1061L of the Social Security Act 1991 (the Act). Section 1061K outlines the criteria for qualifying for the Australian Government Disaster Recovery Payment (AGDRP), which is a one-off payment provided to Australians adversely affected by a major disaster. Specifically, to be eligible, a person must be adversely affected by the disaster in a way determined by the Minister. Section 1061L details how the Minister can determine the circumstances under which a person is considered adversely affected by a major disaster. This determination was made in response to the monsoonal trough that caused heavy rainfall and flooding in several local government areas in Queensland from January 25, 2019. The Act imposes certain obligations on the Minister in relation to determining what constitutes a major disaster and the circumstances under which individuals are adversely affected. Under section 36 of the Act, the Minister can declare an event as a major disaster if satisfied that it has a significant impact on individuals requiring a government response. Section 36A allows the Minister to declare an event as a Part 2.23B major disaster if it significantly impacts one or more industries or areas and requires income support as a government response, especially if it is of national significance. The determination made under section 1061L, as exemplified by the Determination (No. 1), must specify the affected areas and the circumstances of adverse impact, such as serious injury, death of an Australian, destruction or major damage to a principal place of residence, or carer responsibilities for affected children. The Determination (No. 1) specifies that a person is adversely affected by the major disaster if they fall under one of four specific circumstances: being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or severely damaged, or being the principal carer of a child who meets any of the previous criteria. These criteria are clearly outlined in Schedule 2 of the Determination (No. 1), which was made under the authority provided by section 1061L (2) of the Act. Breaches of the provisions or failure to comply with the requirements of the Act or the determinations made under it may result in legal consequences. However, specific penalties or consequences are not detailed in the explanatory statement provided. Overall, the legislation is designed to provide swift and targeted support to those who have suffered directly from the specified disaster, ensuring that aid is distributed to those who meet the stringent criteria established by the Minister. The urgency and specific nature of the Determination (No. 1) underscore the necessity for immediate action to address the impact of the disaster on affected communities.