Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2019 (No. 18)

Administered by Department of Home Affairs

Legislation au F2019L01680 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2019 (No. 18)

Social Security Act 1991

Issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

  1. The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
  2. 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”.
  3. 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.
  4. 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.
  5. 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.
  6. The Minister has made a determination under section 36(1) of the Act that applies only to the bushfires occurring in August, September, October, November and December 2019 in New South Wales, affecting the local government areas of Armidale, Central Coast, Cessnock, Clarence Valley, Coffs Harbour, Eurobodalla, Glen Innes Severn, Hawkesbury, Kempsey, Kyogle, Lismore, Mid-Coast, Nambucca, Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Tenterfield, Walcha and Wollondilly.
  7. The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2019 (No. 18) (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.
  8. Section 1 of the Determination specifies the name of the determination. Subsection 1(2) provides that the Determination may also be cited as LIN 19/331. This is an internal reference for the Department of Home Affairs.
  9. 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.
  10. Section 3 of Determination contains definitions relevant to the determination.
  11. Subsection 4(1) of the Determination provides that the Determination applies to the major disaster being the bushfires occurring in August, September, October, November and December 2019 in New South Wales, affecting the local government areas of Armidale, Central Coast, Cessnock, Clarence Valley, Coffs Harbour, Eurobodalla, Glen Innes Severn, Hawkesbury, Kempsey, Kyogle, Lismore, Mid-Coast, Nambucca, Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Tenterfield, Walcha and Wollondilly.
  12. Subsection 4(2) of the Determination provides that the circumstances in which a person will be taken to be adversely affected by the major disaster described in subsection 4(1) are where:
    1. the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
    2. 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
    3. 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
    4. the person is a principal carer of a child to whom paragraphs 4(2)(a), (b) or (c) apply (paragraph 4(2)(d)). 
  13. Section 5 of the Determination provides that the Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2019 (No.17) is repealed, according to section 33(3) of the Acts Interpretation Act 1901.
  14. Section 6 provides that despite the operation of section 5, anything done under the Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2019 (No.17) continues to be in effect.
  15. The terms ‘Act’, ‘destroyed’, ‘immediate family member’, ‘major damage’ and ‘seriously injured’ are defined in section 4 of Determination.
  16. 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.
  17. Formal consultation has not been undertaken as the Determination was required to commence as a matter of urgency.

 

Overview

The Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2019 (No. 18) was enacted to provide an immediate, one-off payment to individuals adversely affected by the bushfires that occurred in New South Wales between August and December 2019. This Determination was issued under the authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management and operates in conjunction with the Social Security Act 1991. It specifies the qualification criteria for the Australian Government Disaster Recovery Payment (AGDRP), which is intended to offer financial assistance to those significantly impacted by the disaster. The policy objective is to ensure swift and targeted support to those who have suffered serious injury, lost immediate family members, experienced destruction or major damage to their principal place of residence, or are principal carers of affected children. This Determination was necessitated by the urgent need to provide relief to those affected by the bushfires, and as such, it was implemented without the usual formal consultation processes to expedite the delivery of aid.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2019 (No. 18) applies specifically to the bushfires occurring in New South Wales during August, September, October, November, and December 2019, within the designated local government areas. This legislation is designed to provide financial assistance to individuals who have been adversely affected by these bushfires. The Act identifies who qualifies for the Australian Government Disaster Recovery Payment, including those who are seriously injured, immediate family members of those killed, those whose homes are destroyed or severely damaged, and principal carers of affected children. The geographic scope of the Act is limited to the specified local government areas in New South Wales, and it does not apply to other regions or disasters. The Determination is not subject to disallowance by Parliament and was enacted without formal consultation due to the urgent need for relief. Existing provisions under the previous Determination (No. 17) remain in effect despite its repeal, ensuring continuity of support for those already affected.

Key Provisions

The main sections of the Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2019 (No. 18) detail the specific circumstances under which individuals are deemed to be adversely affected by the bushfires occurring in New South Wales during August to December 2019. These circumstances include being seriously injured as a direct result of the disaster, being an immediate family member of someone killed as a direct result of the disaster, having one's principal place of residence destroyed or significantly damaged by the disaster, or being a principal carer of a child affected by any of the aforementioned circumstances. The determination also outlines that the legislation applies to particular local government areas within New South Wales and repeals a previous determination related to the same disaster. The obligations imposed by the Determination on the parties it governs primarily revolve around ensuring that individuals meeting the specified criteria are recognised as adversely affected by the disaster for the purposes of eligibility for the Australian Government Disaster Recovery Payment (AGDRP). This involves assessing whether an individual falls under one of the outlined categories of adverse impact and ensuring that those who do are appropriately considered for the payment. The Determination also imposes an obligation on the Minister to determine and communicate the specific circumstances that qualify individuals as adversely affected by the disaster, which is further defined in the accompanying explanatory statement. The legislation does not explicitly outline offences, penalties, or civil and criminal consequences for breach. However, it is implied that any failure to comply with the Determination’s provisions, such as misapplying eligibility criteria or incorrectly determining adverse impacts, could lead to administrative challenges or disputes regarding the payment of the AGDRP. The Determination’s status as a legislative instrument that is not subject to disallowance suggests that it holds a level of legal authority and must be adhered to by relevant parties. While specific penalties for non-compliance are not stated, the determination’s purpose is to provide clear guidance and support for those affected by the disaster, ensuring they receive the necessary assistance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.