Overview

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 14) was introduced to provide immediate financial assistance to individuals adversely affected by the major bushfires that occurred in eastern Queensland in November 2019. Enacted under the authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, this determination complements the Social Security Act 1991 by specifying the circumstances under which individuals are considered adversely affected by the disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment (AGDRP). The primary policy objective is to offer swift financial relief to those most impacted by the disaster, ensuring that affected individuals can begin their recovery process without undue financial strain. The determination, which is not subject to disallowance by the Parliament, sets out specific criteria for qualifying as adversely affected by the disaster, including being seriously injured, being an immediate family member of someone killed, having one's principal place of residence destroyed or significantly damaged, or being a principal carer of a child meeting any of these criteria. The urgency of the situation precluded formal consultation, allowing the determination to take effect immediately to support those in need as quickly as possible.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 14) applies to individuals who have been adversely affected by the bushfires that occurred in November 2019 in eastern Queensland, specifically within the local government areas of Livingstone, Noosa, Somerset, and Toowoomba. This determination provides the specific circumstances under which a person is considered to be adversely affected by the disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment (AGDRP). The Act defines the criteria for being adversely affected, which includes being seriously injured as a direct result of the disaster, being an immediate family member of an Australian killed as a direct result of the disaster, having one's principal place of residence destroyed or suffering major damage due to the disaster, or being a principal carer of a child affected under the aforementioned circumstances. The Determination, which is a legislative instrument under the Social Security Act 1991, was enacted without the need for disallowance by Parliament and commenced immediately upon signing to ensure timely assistance to those affected by the disaster.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2019 (No. 14) (the Determination) sets out the specific circumstances in which an individual can be considered adversely affected by the major disaster, which in this case are the bushfires that occurred in November 2019 in eastern Queensland, affecting the local government areas of Livingstone, Noosa, Somerset and Toowoomba. Section 5 of the Determination specifies these circumstances: the person must be seriously injured as a direct result of the disaster, or be an immediate family member of someone who was killed as a direct result of the disaster, or their principal place of residence must have been destroyed or have suffered major damage, or the person must be a principal carer of a child to whom one of the preceding paragraphs applies. The Determination imposes obligations on affected individuals to provide necessary information and documentation to substantiate their claim for the Australian Government Disaster Recovery Payment (AGDRP). Specifically, section 1061K of the Social Security Act 1991 (the Act) requires individuals to demonstrate that they meet the criteria outlined in section 5 of the Determination. This includes providing evidence of injury, death, property damage, or their status as a principal carer of an affected child. The Minister may request additional information to verify the circumstances of the claim, and applicants must respond promptly to any requests to facilitate the assessment process. The Act provides that a determination under section 1061L is a legislative instrument, and section 1061L(3) of the Act specifies that this instrument is not subject to disallowance by the Parliament. This means that the Determination has legal force and effect without the need for parliamentary approval. Additionally, subsection 1061L(3) of the Act states that section 42 of the Legislation Act 2003 does not apply to the Determination, ensuring that it is not subject to disallowance. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for failing to comply with the requirements for the AGDRP. However, providing false or misleading information to obtain the payment could potentially lead to civil or criminal penalties under other sections of the Social Security Act 1991 or other relevant legislation, such as the Commonwealth Criminal Code Act 1995. These penalties could include fines and imprisonment, depending on the severity of the offence.