Overview

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 13) was enacted in 2019 to address the immediate need for financial assistance to those affected by the bushfires in eastern Queensland. This legislation was introduced by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management under the Social Security Act 1991. The primary policy objective of the Act is to provide an immediate, one-off payment to Australians who have been adversely affected by a major disaster, thereby offering timely support to those impacted by the specific circumstances of the bushfires in the local government areas of Livingstone, Noosa and Toowoomba. The Determination sets out the criteria for eligibility based on the nature of the impact on individuals, such as serious injury, death of an Australian, destruction or major damage to a principal place of residence, or care responsibilities for affected individuals. This legislative instrument is not subject to disallowance by the Parliament, reflecting the urgent need to provide relief in the wake of the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 13) applies to individuals who have been adversely affected by the bushfires occurring in November 2019 in eastern Queensland, specifically within the local government areas of Livingstone, Noosa, and Toowoomba. The Determination outlines the criteria under which a person qualifies as adversely affected by the major disaster, including being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or severely damaged, or being a principal carer of a child who meets any of these criteria. This Determination, as a legislative instrument, is made under the authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, and it is governed by the Social Security Act 1991. It is not subject to disallowance by the Parliament, as stipulated by subsection 1061L(3) of the Act. The Determination is intended to provide clarity and expedite the distribution of the Australian Government Disaster Recovery Payment to those in need following the specified disaster events.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 13) detail the specific circumstances under which a person will be considered adversely affected by the major disaster, namely the bushfires in eastern Queensland in November 2019. According to Section 5(2) of the Determination, an individual qualifies for the Australian Government Disaster Recovery Payment if they are seriously injured (5(2)(a)), an immediate family member of someone killed (5(2)(b)), their principal place of residence is destroyed or severely damaged (5(2)(c)), or they are a principal carer for a child who meets any of the previous criteria (5(2)(d)). These provisions are crucial for determining eligibility for the disaster recovery payment. The Act imposes several obligations and requirements on the parties involved. Firstly, under Section 1061K, individuals must meet the specified criteria to be eligible for the payment. The Minister's determination, as outlined in Section 36, mandates that the bushfires in question be recognised as a major disaster necessitating a government response. The Determination further clarifies the specific circumstances that qualify a person as adversely affected by the disaster. Furthermore, the Act requires the Minister to make these determinations in writing and ensures that the Determinations are not subject to disallowance by Parliament, as stated in Section 1061L(3). In terms of offences and consequences, the Act does not explicitly outline criminal penalties for providing false information to obtain the AGDRP. However, any deliberate misrepresentation or fraud in claiming the payment could potentially lead to civil or criminal consequences under broader provisions of the Social Security Act 1991, such as penalties for fraud. The exact penalties for such offences would depend on the specific laws governing fraud and misrepresentation in the context of social security benefits. The Determination itself does not specify maximum penalties but relies on the general provisions of the Social Security Act. The Determination ensures that the disaster recovery payment process is timely and effective by allowing it to commence before registration, as provided under Section 12 of the Legislation Act 2003. This urgency was necessary given the immediate need to support those affected by the disaster. The repealed Determination (No. 10) highlights the Act's flexibility in responding to evolving disaster situations, ensuring that the legal framework remains relevant and effective.