EXPLANATORY STATEMENT
Issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management
Social Security Act 1991
Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No.10)
- The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
- Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be “adversely affected by a major disaster”.
- Subsection 1061L(1) of the Act provides that, for the purposes of the Act, a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the 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.
- Section 36 of the Act empowers the Minister to determine in writing that an event is a ‘major disaster’ if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a government response is required.
- The Minister has made a determination under section 36 of the Act that applies only to the bushfires occurring in November 2019 in eastern Queensland, affecting the local government areas of Livingstone and Noosa.
- The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 10) (the Determination) gives effect to the disaster referred to above and sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
- Section 1 of the Determination specifies the name of the determination. Subsection 1(2) provides that the Determination may also be cited as LIN 19/298. This is an internal reference for the Department of Home Affairs.
- Section 2 provides that the Determination commences on the day it is signed. For the purposes of section 12 of the Legislation Act 2003, the Determination may commence before it is registered as it will not disadvantage any persons adversely affected by the disaster.
- Section 3 of Determination contains definitions relevant to the determination.
- Subsection 4(1) of the Determination provides that the Determination applies to the major disaster being the bushfires occurring in November 2019 in eastern Queensland, affecting the local government areas of Livingstone and Noosa.
12. Subsection 4(2) of the Determination provides that the four circumstances in which a person will be taken to be adversely affected by the major disaster described in subsection 4(1) are where:
- the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
- the person is an immediate family member of an Australian who is killed as a direct result of the disaster (paragraph 4(2)(b)); or
- the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster (paragraph 4(2)(c)); or
- the person is a principal carer of a child to whom paragraphs 4(2)(a), (b) or (c) apply (paragraph 4(2)(d)).
- The terms ‘Act’, ‘destroyed’, ‘immediate family member’, ‘major damage’ and ‘seriously injured’ are defined in section 3 of Determination.
- Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument. However, this instrument is not subject to disallowance by the Parliament as subsection 1061L(3) of the Act provides that section 42 of the Legislation Act 2003 does not apply to the Determination.
- Formal consultation has not been undertaken as the Determination was required as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 10) was enacted to address the urgent need for financial assistance to individuals adversely affected by the bushfires that occurred in November 2019 in eastern Queensland, specifically within the local government areas of Livingstone and Noosa. This Determination was introduced under the Social Security Act 1991, empowering the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management to provide a one-off payment to those impacted by the disaster. The policy objective of this legislation is to offer immediate financial relief to individuals who have suffered serious injury, lost an immediate family member, experienced destruction or major damage to their principal place of residence, or are principal carers of affected children. This Determination ensures that those directly affected by the disaster can receive timely support, thereby facilitating quicker recovery and reducing immediate financial burdens.
Scope and Application
The Australian Government Disaster Recovery Payment (AGDRP) is governed by the Social Security Act 1991, which specifies the criteria for eligibility, including being adversely affected by a major disaster as determined by the Minister. This Act applies to individuals who meet the specified criteria for being adversely affected by the November 2019 bushfires in the local government areas of Livingstone and Noosa in eastern Queensland. The Adversely Affected Determination, which is a legislative instrument under the Act, outlines the specific circumstances in which a person will be considered adversely affected, such as serious injury, loss of life within the immediate family, destruction or significant damage to the principal place of residence, or being a principal carer of an affected child. The application of the Act is limited geographically to the specified local government areas impacted by the named disaster, and the Determination is not subject to disallowance by Parliament. The Act and accompanying Determination provide a streamlined pathway for immediate financial support to those directly impacted by the disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 10) are contained within subsections 4(1) and 4(2). Section 4(1) specifies that the determination applies to the bushfires that occurred in November 2019 in eastern Queensland, affecting the local government areas of Livingstone and Noosa. This section sets the scope of the determination, identifying the specific disaster and the geographical areas impacted. Subsection 4(2) then outlines the four specific circumstances in which a person will be considered "adversely affected" by the major disaster. These circumstances include being seriously injured as a direct result of the disaster, being an immediate family member of an Australian who is killed as a direct result of the disaster, having one's principal place of residence destroyed or suffering major damage as a direct result of the disaster, or being a principal carer of a child who meets any of the first three criteria.
The Act imposes specific obligations and requirements on individuals seeking the Australian Government Disaster Recovery Payment (AGDRP). To qualify for the payment, an individual must demonstrate that they meet one of the four criteria for being "adversely affected" by the major disaster, as outlined in subsection 4(2) of the Determination. This involves providing evidence of their status, such as medical records for serious injury, death certificates for immediate family members, property damage assessments, or documentation proving their role as a principal carer for an affected child. Additionally, individuals must comply with any other requirements set out in the Social Security Act 1991, including being eligible for Centrelink services and meeting any other relevant criteria for social security payments.
Breaches of the provisions outlined in the Social Security Act 1991 and the Determination can lead to both civil and criminal consequences. While the Determination itself does not explicitly outline penalties for non-compliance, the overarching Social Security Act does. For example, providing false or misleading information to obtain the AGDRP could be considered fraud, which under section 136.1 of the Criminal Code Act 1995, can result in criminal charges. The maximum penalty for fraud under this Act is imprisonment for up to 10 years, reflecting the seriousness of such breaches. Additionally, civil penalties may apply for providing false information, including financial penalties or being required to repay any amounts received under the AGDRP. The Act ensures that those who misuse the disaster recovery payment system face appropriate consequences, maintaining the integrity of the social security system.