Social Security (Australian Government disaster recovery payment—New South Wales bushfires) Determination 2020 (No. 12)

Administered by Department of Home Affairs

Legislation au F2020L00095 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 12)

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 made a determination under section 36(1) of the Act that applies to the bushfires occurring in August, September, October, November and December 2019, and January 2020 in New South Wales affecting the local government areas of Armidale, Blue Mountains, Bega Valley, Central Coast, Cessnock, Clarence Valley, Coffs Harbour, Eurobodalla, Kempsey, Kyogle, Glen Innes Severn, Goulburn Mulwaree, Greater Hume, Hawkesbury, Inverell, Lismore, Lithgow, Mid Coast, Mid-Western, Nambucca, Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, Snowy Monaro, Snowy Valleys, Tenterfield, Upper Lachlan, Walcha, Wingecarribee and Wollondilly.  
  7. The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No.7) (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 instrument specifies the name of the instrument. 
  9. Section 2 provides that the instrument commences on the day it is signed. For the purposes of section 12 of the Legislation Act 2003, the instrument may commence before it is registered as it will not disadvantage any persons adversely affected by the disaster.
  10. Section 3 of the instrument contains definitions relevant to the instrument.
  11. Subsection 4(1) of the instrument provides that the instrument applies to the major disaster being the bushfire occurring in August, September, October, November and December 2019, and January 2020 in New South Wales affecting the local government areas of Armidale, Blue Mountains, Bega Valley, Central Coast, Cessnock, Clarence Valley, Coffs Harbour, Eurobodalla, Kempsey, Kyogle, Glen Innes Severn, Goulburn Mulwaree, Greater Hume, Hawkesbury, Inverell, Lismore, Lithgow, Mid Coast, Mid-Western, Nambucca, Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, Snowy Monaro, Snowy Valleys, Tenterfield, Upper Lachlan, Walcha, Wingecarribee and Wollondilly.
  12. Subsection 4(2) of the instrument 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. a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or
    5. the person is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)). 
  13. The terms ‘destroyed’, ‘immediate family member’, ‘major asset or assets’, ‘major damage’ and ‘seriously injured’ are defined in section 4 of instrument.
  14. Section 5 of the instrument operates to repeal Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 6).
  15. Section 6 of the instrument provides that anything done under the Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 6) continues to be in effect as if it had been done under this instrument.
  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 instrument.
  17. Formal consultation has not been undertaken as the instrument was required to commence as a matter of urgency.

 

Overview

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 12) was enacted to provide financial support to individuals adversely affected by the major bushfires that occurred in New South Wales during late 2019 and early 2020. This determination complements the existing Social Security Act 1991, which already includes provisions for the Australian Government Disaster Recovery Payment (AGDRP). The determination was issued by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management and aims to ensure that affected individuals can access the necessary support quickly and efficiently. The legislation specifies the circumstances under which a person can be considered adversely affected by the disaster, such as serious injury, loss of a principal place of residence, or loss of major assets, among others. This determination is designed to facilitate the rapid distribution of disaster recovery payments to those in need, addressing the urgent requirements of individuals and families impacted by these catastrophic events. The enactment body for this determination is the Minister, acting under the authority granted by the Social Security Act 1991. The policy objective of this instrument is to provide swift and effective financial assistance to those who have suffered significant losses due to the bushfires, thereby supporting their recovery and minimising the long-term impacts of the disaster. By setting out the specific circumstances that qualify individuals for the AGDRP, the determination ensures that the aid is targeted and delivered in a timely manner, reflecting the urgent needs arising from the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 12) applies to individuals who have been adversely affected by the major disaster, specifically the bushfires that occurred in New South Wales between August 2019 and January 2020, in the designated local government areas. These individuals can include those who have suffered serious injury, are immediate family members of someone killed in the disaster, whose principal residence has been destroyed or severely damaged, or who have lost major assets due to the disaster. Additionally, it covers principal carers of children who meet any of the aforementioned criteria. The instrument sets out the specific circumstances under which a person is considered to be adversely affected by the disaster. The instrument does not require disallowance by the Parliament, as it is not subject to the disallowance provisions outlined in the Legislation Act 2003, reflecting the urgency of its implementation.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 12) provides a framework for the Australian Government Disaster Recovery Payment (AGDRP) in the context of the New South Wales bushfires occurring between August 2019 and January 2020. This determination is rooted in Section 1061K of the Social Security Act 1991, which sets the criteria for eligibility for the AGDRP, including the requirement that a person must be adversely affected by a major disaster. According to Section 1061L of the Act, the Minister has the authority to determine in writing the specific circumstances that qualify a person as adversely affected by a disaster, and this is precisely what has been done in this determination for the New South Wales bushfires. This instrument imposes certain obligations on the relevant parties, primarily focusing on the criteria for eligibility for the AGDRP. Specifically, the determination outlines that a person is considered adversely affected if they are seriously injured, if their principal place of residence or major assets have been destroyed or significantly damaged, or if they are an immediate family member of someone killed as a result of the disaster. Additionally, the determination covers principal carers of children who meet the aforementioned criteria. These provisions ensure that the payment is targeted towards those who have suffered substantial losses or injuries due to the bushfires. In terms of consequences for non-compliance, the Act does not explicitly mention offences or penalties for failing to adhere to the provisions of the determination. However, any misuse or fraudulent claims for the AGDRP could potentially lead to civil or criminal liability under the Social Security Act 1991. Given the nature of disaster relief payments, the focus is primarily on ensuring that the aid reaches those who genuinely need it, rather than on punitive measures for non-compliance.

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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.