Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006
as amended
made under subsection 1061L(2) of the
Social Security Act 1991
This compilation was prepared on 9 December 2008
taking into account amendments up to Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No. 1)
Prepared by the Public Law Branch,
Department of Families, Housing, Community Services and Indigenous Affairs, Canberra
1 Name of Determination (see Note 1)
This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006.
2 Commencement (see Note 1)
This Determination commences on 15 December 2006.
3 Definitions
In this Determination:
Act means the Social Security Act 1991.
principal place of residence, for a person, means the place in which the person normally resides.
4 Person taken to be adversely affected by disaster
For subsection 1061L(2) of the Act, a person is adversely affected by a disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.
_____________________________________________________________________
Schedule 1 Disasters
(section 4)
1 The bushfires in the State of Victoria:
(a) that started in December 2006 and continued through January and February 2007; and
(b) if they continued after February 2007 — that continued in March 2007.
2 The bushfires in the Steiglitz area in the south-west of the State of Victoria:
(a) that started on 16 January 2007 and continued through February 2007; and
(b) if they continued after February 2007 — that continued in March 2007.
Schedule 2 Adverse circumstances
(section 4)
As a direct result of the bushfires mentioned in Schedule 1, the person’s principal place of residence has been destroyed or rendered uninhabitable.
Notes
Note 1
The Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006 (in force under subsection 1061L(2) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification in Gazette or FRLI registration | Date of commencement | Application, saving or transitional provisions |
Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006 | 15 December 2006 (see F2006L04147) | 15 December 2006 | |
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No. 1) | 15 February 2007 (see F2007L00419) | 13 February 2007 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 4.................... | am. 2007 F2007L00419; |
Schedule 1............... | rs. 2007 F2007L00419; |
Overview
The Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006, enacted under the Social Security Act 1991, was introduced to provide financial assistance to individuals adversely affected by specific natural disasters, namely the bushfires in Victoria in late 2006 and early 2007. This legislative instrument, prepared by the Department of Families, Housing, Community Services and Indigenous Affairs, aims to offer relief to those who have suffered direct consequences from these disasters, such as the destruction or uninhabitability of their principal place of residence. The determination specifies the types of disasters covered and the criteria for determining eligibility for the Australian Government Disaster Recovery Payment, ensuring that the aid is directed towards those most in need following these catastrophic events.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006 applies to individuals who are adversely affected by specific disasters, namely the bushfires in the State of Victoria that occurred from December 2006 to March 2007 and the bushfires in the Steiglitz area in the south-west of the State of Victoria from January to March 2007. The determination is made under subsection 1061L(2) of the Social Security Act 1991, and it provides for the payment of a disaster recovery payment to those individuals whose principal place of residence was destroyed or rendered uninhabitable as a direct result of these bushfires. The Determination applies nationwide within the Commonwealth of Australia, providing relief specifically tailored to those affected by the named disasters. The determination was amended by the Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2007 (No. 1) to reflect changes in the scope or specifics of the disaster, ensuring that the support remains relevant and effective. This legislative instrument does not specify any exclusions or thresholds apart from those defined within the schedules of the determination itself.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment) Determination (No. 2) 2006 (F2006L04147) outlines the provisions for providing financial assistance to individuals adversely affected by specific bushfires in Victoria. The primary sections of this determination (sections 2, 3, and 4) establish the commencement date of the legislation, define key terms, and specify the criteria for being considered adversely affected by a disaster. Section 2 states that the Determination commences on 15 December 2006. Section 3 provides definitions, including the term 'principal place of residence', which refers to the place where the person normally resides. Section 4 identifies the bushfires in Victoria that qualify as disasters under this Determination and outlines the adverse circumstances that must be met for an individual to be considered adversely affected.
Under this legislation, the obligations and requirements imposed on the parties include verifying that individuals meet the specified criteria of being adversely affected by the bushfires. The primary requirement is that the individual's principal place of residence must have been destroyed or rendered uninhabitable as a direct result of the bushfires mentioned in Schedule 1. Additionally, the individual must provide evidence to substantiate their claim for the Australian Government Disaster Recovery Payment. The Department of Families, Housing, Community Services and Indigenous Affairs is responsible for administering and assessing these claims.
The Determination also includes provisions for potential breaches and penalties. While the primary focus of the legislation is on providing relief to those affected by the disaster, any fraudulent claims or misrepresentation of facts to obtain the Disaster Recovery Payment could result in legal consequences. Specifically, section 1061L(2) of the Social Security Act 1991, under which this Determination is made, implies that making a false statement or providing false information to obtain the payment could be considered an offence. The penalties for such offences can include fines and, in severe cases, criminal charges. However, the exact penalties are not specified within the Determination itself but are governed by the overarching provisions of the Social Security Act 1991.