Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment) Determination (No.1) 2006
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, short-term payment to Australians affected by a major or widespread disaster.
Section 1061K of the Social Security Act 1991 (the Act) contains the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major 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”.
The Minister has determined, under section 36 of the Act that the bushfires in the State of Tasmania that started in December 2006; and if they continue after December 2006 – that continued in January 2007 is a “major disaster” for the purposes of the Act.
The Social Security (Australian Government Disaster Recovery Payment) Determination (No.1) 2006 (the Determination) sets out the circumstances in which persons are taken to be adversely affected by the Tasmanian bushfires that started in December 2006; and if they continue after December 2006 – that continued in January 2007.
Section 1 of the Determination specifies the name of the Determination.
Section 2 of the Determination provides that the Determination commences on 14 December 2006.
Section 3 contains definitions relevant to the Determination. “Act” is defined as the Social Security Act 1991. “Principal place of residence” is defined to mean the place in which the person normally resides.
Section 4 provides that a person is adversely affected by the Tasmania bushfires if the person’s principal place of residence has been destroyed, or rendered uninhabitable as a direct result of the bushfires in the State of Tasmania referred to above.
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 states that section 42 of the Legislative Instruments Act 2003 does not apply to the determination).
Formal consultation has not been undertaken as the Determination was required as a matter of urgency.