Overview

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 10) was enacted to provide immediate relief to individuals adversely affected by the bushfires in eastern Queensland in November 2019, specifically in the local government areas of Livingstone, Noosa, Somerset, and Toowoomba. This Determination was made under the authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster, and Emergency Management and is intended to implement the Australian Government Disaster Recovery Payment (AGDRP) as specified under the Social Security Act 1991. The Act aims to offer a one-off payment to those significantly impacted by the disaster, ensuring they receive necessary support without delay. The policy objective is to facilitate a swift government response to the disaster by clearly defining the criteria for being adversely affected, thereby enabling timely access to financial assistance for those in need.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 10) applies specifically to individuals adversely affected by the bushfires occurring in November 2019 in eastern Queensland within the local government areas of Livingstone, Noosa, Somerset, and Toowoomba. This determination falls under the broader framework of the Social Security Act 1991, which outlines the qualifications for receiving the Australian Government Disaster Recovery Payment (AGDRP). The determination identifies the circumstances in which a person is considered adversely affected by the major disaster, including being seriously injured, losing an immediate family member, experiencing destruction or major damage to their principal place of residence, or suffering loss of major assets. The instrument defines terms such as 'destroyed', 'immediate family member', 'major asset', 'major damage', and 'seriously injured' to provide clarity on the qualifying conditions for the payment. The instrument also repeals a previous determination from 2019 and ensures that actions taken under the repealed determination remain valid under the new one. Notably, this legislative instrument is exempt from disallowance by the Parliament, underscoring its urgent implementation.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 10) implements the Australian Government Disaster Recovery Payment (AGDRP) for individuals adversely affected by the bushfires in November 2019 in eastern Queensland. This instrument, which operates under the Social Security Act 1991, outlines the specific circumstances that qualify a person as 'adversely affected' by the disaster (sections 1 to 6). It commences on the day it is signed, as per section 2 of the instrument, and it applies to the bushfires affecting the local government areas of Livingstone, Noosa, Somerset, and Toowoomba. Section 4 of the instrument specifies that a person is adversely affected if they are seriously injured as a direct result of the disaster, are an immediate family member of someone killed in the disaster, have had their principal place of residence destroyed or severely damaged, or if their major assets have been destroyed or suffered major damage. It also includes principal carers of children who meet these criteria. The Act imposes obligations on the Minister to determine whether an event qualifies as a 'major disaster' and to specify the circumstances under which individuals are adversely affected. Section 36 of the Act empowers the Minister to declare an event a major disaster if it has a significant impact on individuals necessitating a government response. In this instance, the Minister made a determination under section 36(1) that the November 2019 bushfires in eastern Queensland met these criteria. Furthermore, the instrument stipulates that the determination is not subject to disallowance by the Parliament, as per subsection 1061L(3) of the Act. Breaching the requirements set out in this instrument could lead to civil or criminal consequences. However, the instrument itself does not explicitly state any specific penalties for non-compliance. The determination under section 1061L of the Act is a legislative instrument, and while it is not subject to disallowance, any breach of the conditions set forth could potentially lead to legal action under the broader provisions of the Social Security Act 1991 or other relevant legislation. Given the urgency of the situation, formal consultation was not undertaken when this instrument was created.