Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Amendment Determination 2020 (No. 1)

Overview

The Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland Bushfires) Amendment Determination 2020 (No. 1) was enacted to address the need for extending the scope of the Australian Government Disaster Recovery Payment (AGDRP) to include additional areas adversely affected by the bushfires in Eastern Queensland in November and December 2019. This amendment was necessary to ensure that all impacted communities received the necessary financial support. The determination was made under the authority of the Social Security Act 1991, and it was introduced by the Australian Government. The policy objective of this amendment is to provide immediate financial assistance to those who have been adversely affected by the major disaster, ensuring comprehensive coverage of all affected regions. The amendment specifically adds the local government area of Bundaberg to the list of areas covered by the AGDRP, recognising that this region was also significantly impacted by the bushfires. By incorporating Bundaberg into the determination, the government aims to provide equitable support to all affected individuals, regardless of their location within the disaster-affected areas. This amendment ensures that no eligible person is left without assistance due to administrative oversights, thereby fulfilling the broader objective of providing timely and effective disaster recovery payments.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland Bushfires) Amendment Determination 2020 (No. 1) amends the Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland Bushfires) Determination 2020 (No. 13) to extend the eligibility for the Australian Government Disaster Recovery Payment (AGDRP) to include individuals adversely affected by the bushfires in the Bundaberg local government area in Queensland. This amendment ensures that individuals in this area, which was also impacted by the bushfires in November and December 2019, are eligible for the one-off payment intended to assist those directly affected by the major disaster. The amendment applies to any person who can demonstrate they were adversely affected by the bushfires in the specified areas, including the newly added Bundaberg local government area, provided they meet the other criteria set out in the original determination. The amendment is effective from the date of signing and is a legislative instrument under the Social Security Act 1991, which exempts it from disallowance by the Parliament.

Key Provisions

The key operative sections of the Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland Bushfires) Amendment Determination 2020 (No. 1) (Amendment Determination) amend the description of who is adversely affected by a major disaster to include the Queensland local government area of Bundaberg. This is achieved through an amendment to subsection 4(1) of the Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland Bushfires) Determination 2020 (No. 13), which now includes Bundaberg as an area impacted by the bushfires occurring in November and December 2019. By including Bundaberg, the determination ensures that individuals in this area who were adversely affected by the major disaster are eligible for the Australian Government Disaster Recovery Payment (AGDRP). The amendment is effective from the day the Amendment Determination is signed, as specified in section 2 of the Amendment Determination. The obligations and requirements imposed by the Amendment Determination include ensuring that individuals from the Bundaberg local government area who meet the criteria for being adversely affected by the major disaster can access the AGDRP. This involves updating the administrative processes and systems of Services Australia to recognise Bundaberg as an eligible area. The Amendment Determination also requires that the payment process remains consistent with the original determination, ensuring that all eligible individuals, including those in Bundaberg, are treated equally and fairly. Any breach of the provisions within the Social Security Act 1991 or the Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland Bushfires) Determination 2020 (No. 13) could result in civil or criminal consequences. However, the Explanatory Statement does not specify any particular offences or penalties associated with the Amendment Determination. Given the nature of the amendment, which primarily serves to expand eligibility for the AGDRP, the consequences of non-compliance are likely to be administrative in nature, such as the withholding of payments or other corrective actions taken by Services Australia to ensure compliance with the determination. The Amendment Determination, being a legislative instrument under subsection 1061L (3) of the Social Security Act 1991, is not subject to disallowance by the Parliament. This means that once it is signed and comes into effect, it operates as law without the need for parliamentary approval. The legislative process also ensured that consultation was undertaken with Services Australia to facilitate the smooth implementation of the amendment.