Overview

The Social Security Act 1991, as amended by the Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2019 (No. 12), was enacted to provide an immediate financial assistance mechanism for individuals adversely affected by the significant bushfires that occurred in New South Wales during the period of August to November 2019. This legislation was introduced to address the urgent need for government support for those whose lives were disrupted by the disaster, providing a one-off payment known as the Australian Government Disaster Recovery Payment (AGDRP). The determination was made by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management under the authority granted by Section 1061K of the Act, which specifies the criteria for qualification for the AGDRP. The policy objective is to provide timely and effective relief to those most impacted by the disaster, ensuring that affected individuals receive the necessary support to begin the recovery process. The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2019 (No. 12) outlines the specific circumstances under which a person can be considered adversely affected by the disaster, including being seriously injured, being a family member of someone killed, having a residence destroyed or severely damaged, or being a principal carer of an affected individual. The determination was necessary due to the urgency of the situation and was not subject to disallowance by the Parliament, as specified in subsection 1061L(3) of the Act. The Determination also repealed previous related determinations to streamline the legislative response to the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2019 (No.12) applies to individuals who have been adversely affected by the major disaster specified as the bushfires in certain local government areas of New South Wales during August, September, October, and November 2019. The determination clarifies the circumstances under which a person is considered to be adversely affected, such as being seriously injured, being an immediate family member of a deceased Australian, having a destroyed or majorly damaged principal place of residence, or being a principal carer of a child who falls into one of these categories. The Act applies to the Commonwealth jurisdiction, and while it is not subject to disallowance, the urgency of the situation precluded formal consultation. The determination sets out the specific criteria and circumstances relevant to the 2019 New South Wales bushfires, repealing previous determinations related to the same event to ensure clarity and streamline the application process.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2019 (No. 12) specify the circumstances under which a person is deemed to be adversely affected by the major disaster of the New South Wales bushfires in 2019. Section 5(2) of the Determination outlines these circumstances. For instance, a person will be considered adversely affected if they are seriously injured as a direct result of the disaster (subsection 5(2)(a)), if they are an immediate family member of an Australian killed in the disaster (subsection 5(2)(b)), if their principal place of residence is destroyed or significantly damaged (subsection 5(2)(c)), or if they are the principal carer of a child affected by any of these circumstances (subsection 5(2)(d)). These provisions clarify the scope of the determination and ensure that those most in need receive the payment. The obligations imposed by the Act and the Determination on the parties or entities it governs include ensuring that affected individuals meet the specified criteria to be eligible for the Australian Government Disaster Recovery Payment. The Minister, as per section 36 of the Act, has the authority to declare an event as a major disaster and determine the circumstances of adverse effects, as seen in the determination regarding the New South Wales bushfires. The Department of Home Affairs must then implement these determinations to provide timely and accurate payments to eligible individuals. The affected individuals must provide evidence to support their claims of adverse effects as specified in the Determination. In terms of offences, penalties, or consequences for breach, it is important to note that the Determination itself does not outline specific criminal or civil penalties for non-compliance. However, any fraudulent claims for the AGDRP could potentially lead to civil or criminal consequences under other sections of the Social Security Act 1991. Such fraudulent activities could result in fines or imprisonment, as governed by the broader legislative framework of the Act. The maximum penalties for fraud under the Social Security Act could include substantial fines and/or imprisonment, depending on the severity of the offence.