Social Security (Australian Government disaster recovery payment—New South Wales bushfires) Determination 2020 (No. 6)

Administered by Department of Home Affairs

Legislation au F2020L00041 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. 6)

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, Hawkesbury, Inverell, Lismore, Lithgow, Mid Coast, Mid-Western, Nambucca, Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, 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.6) (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, Hawkesbury, Inverell, Lismore, Lithgow, Mid Coast, Mid-Western, Nambucca, Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, 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. 2).
  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. 2) 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. 6) was enacted to address the urgent need for financial assistance for individuals adversely affected by the bushfires in New South Wales during late 2019 and early 2020. This legislation, issued by the authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management under the Social Security Act 1991, provides a one-off payment to those directly impacted by the disaster. The policy objective of this determination is to ensure swift financial relief to those who have suffered significant losses or injuries due to the bushfires, facilitating their recovery and enabling them to address immediate needs arising from the disaster. The determination sets out the specific circumstances under which individuals are deemed to be adversely affected by the disaster, ensuring that those in need receive the necessary support without delay.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 6) applies to individuals who are adversely affected by the major disaster specified in the determination, which includes the bushfires that occurred in various local government areas of New South Wales from August 2019 to January 2020. The instrument specifies the circumstances under which a person will be considered adversely affected, such as being seriously injured, being an immediate family member of someone killed, having their principal residence or major assets destroyed or severely damaged, or being a principal carer of a child who meets any of these criteria. The instrument repeals a previous determination and ensures that actions taken under the old instrument remain valid. Notably, the determination is a legislative instrument but is exempt from disallowance by the Parliament, reflecting the urgency of the situation. The geographical and jurisdictional reach of the legislation is confined to New South Wales, targeting specific local government areas impacted by the bushfires. The instrument does not specify any exclusions or exemptions beyond those defined within its provisions, and there are no thresholds mentioned for eligibility beyond the criteria set out. The instrument's application is direct and does not extend or restrict its scope through subordinate instruments, as it stands alone in addressing the immediate needs of those affected by the disaster.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 6) outlines the criteria for the Australian Government Disaster Recovery Payment (AGDRP) in relation to the NSW bushfires of 2019-2020. Section 1 specifies the name of the instrument, while section 2 indicates the commencement date, which is the day the instrument is signed. Section 3 contains definitions pertinent to the instrument, such as "destroyed," "immediate family member," "major asset or assets," "major damage," and "seriously injured." Section 4 details the scope of the instrument, applying it to the bushfires in the specified local government areas and outlining the circumstances under which a person is deemed adversely affected. These circumstances include being seriously injured, being an immediate family member of someone killed, having a destroyed or majorly damaged principal residence, or having major assets destroyed or damaged, among others. The Determination imposes obligations on eligible individuals to provide relevant documentation to support their claim for the AGDRP. Claimants must demonstrate that they meet the specified criteria, such as proving serious injury, loss of a loved one, or damage to property. They must also furnish any required identification and residency documentation. The instrument stipulates that all claims must be submitted within a specified timeframe, which is typically communicated through official channels by the relevant authorities. Breach of the provisions outlined in the Determination may lead to penalties and consequences. The Act does not specify criminal penalties for non-compliance but does allow for civil penalties for misrepresentation or fraud in the application process. The maximum penalty for providing false information can include fines and potential disqualification from receiving future government benefits. Additionally, any person found to have intentionally provided false information may face legal action under the Commonwealth's fraud provisions, which could result in further penalties such as imprisonment or fines.

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Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Prohibited Conduct
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adversely affected
major disaster

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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.