Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – September-October 2022) Determination 2022 (No. 5)

Administered by Department of Home Affairs

Legislation au F2022L01726 Not in force Legislative Instrument

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Explanatory Statement

Social Security (Australian Government Disaster Recovery Payment— New South Wales floods – September-October 2022) Determination 2022 (No. 5)

 

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 and November 2022 in New South Wales affecting the local government areas of Cabonne, Cootamundra-Gundagai, Cowra, Dubbo, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Narrabri, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga and Walgett.
  7.           The Social Security (Australian Government Disaster Recovery Payment— New South Wales floods – September-October 2022) Determination 2022 (No. 5) (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 and November 2022 in New South Wales affecting the local government areas of Cabonne, Cootamundra-Gundagai, Cowra, Dubbo, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Narrabri, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga and Walgett.
  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. 4) 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. 4) 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-October 2022) Determination 2022 (No. 5) was enacted to provide a swift and targeted response to the significant natural disaster that affected various local government areas in New South Wales between September and November 2022. This determination, issued by the Minister for Emergency Management under the authority of the Social Security Act 1991, establishes the specific circumstances in which individuals can be recognised as adversely affected by the disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment. The policy objective is to ensure that those directly impacted by the disaster receive necessary financial assistance without delay. This determination was necessitated by the urgent need to address the immediate needs of affected individuals, and while formal consultation was not undertaken, it is designed to operate with immediate effect to provide timely support to those in need.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – September-October 2022) Determination 2022 (No. 5) applies to individuals adversely affected by the storms and floods that occurred in New South Wales from 14 September 2022, continuing into October and November 2022, within specific local government areas. The determination sets out the specific circumstances under which a person can be considered adversely affected, including being seriously injured as a direct result of the disaster, being an immediate family member of someone killed in the disaster, having their principal place of residence destroyed or significantly damaged, or experiencing the destruction or major damage of a major asset due to the disaster. The determination also extends to principal carers of children meeting these criteria. This legislative instrument operates under the Social Security Act 1991, which provides the framework for the Australian Government Disaster Recovery Payment (AGDRP). It is noteworthy that the determination is not subject to disallowance by Parliament and was implemented without formal consultation due to the urgent nature of the disaster. The Determination repeals a previous determination but ensures that actions taken under the repealed determination continue to have effect.

Key Provisions

The key sections of the Social Security (Australian Government Disaster Recovery Payment— New South Wales floods – September-October 2022) Determination 2022 (No. 5) (the Determination) include section 2, which states that the Determination commences on the day it is signed, and section 4, which outlines the circumstances in which a person is taken to be adversely affected by the major disaster. Section 4(2) provides specific criteria for adverse effects, such as serious injury, loss of an immediate family member, destruction or major damage to the principal place of residence or major assets, and being a principal carer of a child affected by the disaster. The Determination imposes several obligations on the parties it governs. For instance, it requires individuals who have been adversely affected by the disaster to provide evidence of their injury, loss, or damage to claim the Australian Government Disaster Recovery Payment (AGDRP). The payment is intended to provide immediate financial relief to those who meet the specified criteria. The Determination also requires the Department of Social Services to process claims and disburse payments in a timely manner, ensuring that affected individuals receive their payments without undue delay. The Act includes provisions for offences and penalties in the event of breaches. However, the Explanatory Statement does not detail specific offences or penalties related to the Determination. Typically, under the Social Security Act 1991, fraudulent claims for social security benefits can lead to civil or criminal penalties, including fines and imprisonment. The maximum penalties can vary depending on the nature and extent of the fraud. In summary, the Social Security (Australian Government Disaster Recovery Payment— New South Wales floods – September-October 2022) Determination 2022 (No. 5) establishes the criteria for the AGDRP, outlines the circumstances of adverse effects due to the disaster, and imposes obligations on claimants and the Department of Social Services. While specific penalties for breaches are not detailed in the Explanatory Statement, fraudulent claims under the Social Security Act 1991 can result in significant civil or criminal consequences.

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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.