Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022-January 2023) Determination 2023

Administered by Department of Home Affairs

Legislation au F2023L00043 In force Legislative Instrument

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Explanatory Statement

Social Security (Australian Government Disaster Recovery Payment— New South Wales Floods – September 2022 – January 2023) Determination 2023

 

Social Security Act 1991

 

Issued by authority of the Minister for Emergency Management

 

  1.           The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to a person 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 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 for the disaster.
  4.           Subsection 1061L(2) of the Act provides that the Minister may determine in writing, for a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster.
  5.           Subsection 36(1) 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 subsection 36(1) of the Act that applies only to the storms and floods that commenced on 14 September 2022 and continued in October 2022, November 2022, December 2022 and January 2023 in New South Wales affecting the local government areas of Balranald, Bathurst, Bourke, Cabonne, Central Darling, Cobar, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Murrumbidgee, Narrabri, Narrandera, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga , Walgett, Weddin and Wentworth.
  7.           The Social Security (Australian Government Disaster Recovery Payment— New South Wales Floods – September 2022 – January 2023) Determination 2023 (the Determination) sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
  8.           Section 1 specifies the name of the Determination.
  9.           Section 2 provides that the Determination commences on the day it is signed. For 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 provides definitions relevant to the Determination, including destroyed, immediate family member, major asset or assets, major damage and seriously injured and principal place of residence.
  11.       Subsection 4(1) provides that the Determination applies to the major disaster being the storms and floods that commenced on 14 September 2022 and continued in October 2022, November 2022, December 2022 and January 2023 in New South Wales affecting the local government areas of Balranald, Bathurst, Bourke, Cabonne, Central Darling, Cobar, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Murrumbidgee, Narrabri, Narrandera, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga, Walgett, Weddin and Wentworth.
  12.       Subsection 4(2) provides that the circumstances in which a person is taken to be adversely affected by the major disaster described in subsection 4(1) are if:

(a) the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or

(b) the person is an immediate family member of an Australian citizen or resident who is killed as a direct result of the disaster (paragraph 4(2)(b)); or

(c) 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

(d) a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or

(e) 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.         Section 5 of the Determination provides that Social Security (Australian Government Disaster Recovery Payment— New South Wales floods – September-October 2022) Determination 2022 (No.7) (LIN 22/114) is repealed, as enabled under 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 floods – September-October 2022) Determination 2022 (No. 7) (LIN 22/114) continues to have effect.

15.         Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument. However, the Determination 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 it.

16.         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 Floods – September 2022 – January 2023) Determination 2023 was enacted to address the immediate needs of individuals affected by the severe floods in New South Wales between September 2022 and January 2023. This legislation, issued by the authority of the Minister for Emergency Management, provides a one-off payment to those adversely affected by the disaster, in line with the Social Security Act 1991. The policy objective of this determination is to ensure timely financial support to those suffering significant impacts due to the disaster, thereby facilitating quicker recovery and relief efforts. The determination clarifies the circumstances under which a person is considered adversely affected, including serious injury, loss of an immediate family member, destruction or major damage to their principal place of residence or major assets, or being a principal carer of a child affected by the disaster. This measure ensures that the assistance provided is both prompt and adequately targeted at those most in need.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022 – January 2023) Determination 2023 applies to individuals adversely affected by the storms and floods in New South Wales from 14 September 2022 through to January 2023, specifically within the local government areas of Balranald, Bathurst, Bourke, Cabonne, Central Darling, Cobar, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Murrumbidgee, Narrabri, Narrandera, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga, Walgett, Weddin and Wentworth. The Act applies to those who are seriously injured, immediate family members of those killed, those whose residence or major assets were destroyed or damaged, or those who are principal carers of affected children. The Determination, which is a legislative instrument under the Social Security Act 1991, is not subject to disallowance by the Parliament and was enacted without formal consultation due to the urgent nature of the disaster response. The Determination also repeals the earlier Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – September-October 2022) Determination 2022, while allowing actions taken under the repealed determination to continue having effect.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022 – January 2023) Determination 2023 (the Determination) are Section 4, which outlines the circumstances in which a person is considered 'adversely affected' by the major disaster (subsection 4(2)), and Section 5, which repeals the previous Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – September-October 2022) Determination 2022 (No.7) (LIN 22/114). Section 6 ensures that actions taken under the repealed Determination continue to have effect. Section 4(2) specifies that an individual is adversely affected by the disaster if they are seriously injured, a direct family member of someone killed, their principal residence is destroyed or significantly damaged, a major asset is destroyed or damaged, or they are a principal carer of a child affected by the disaster. The Act imposes obligations on individuals to provide evidence of their adverse impact from the disaster to qualify for the Australian Government Disaster Recovery Payment (AGDRP). This includes demonstrating serious injury, the death of a family member, damage to their residence or major assets, or their role as a principal carer. The Determination also imposes obligations on the Minister for Emergency Management to determine the circumstances that qualify an individual as adversely affected and to make this determination in writing. The Act requires the Minister to ensure that the Determination is made as a matter of urgency, and to ensure that the Determination does not disadvantage any persons adversely affected by the disaster. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Determination itself. However, the Social Security Act 1991 (the Act) under which the Determination is made, may impose penalties for fraudulent claims or misrepresentation of information. Section 133 of the Act provides for penalties, including fines and imprisonment, for individuals who make false statements or provide false information to obtain social security benefits. The maximum penalties for these offences can vary, with fines reaching up to 200 penalty units and imprisonment for up to two years, depending on the severity of the offence.

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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.