Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – September-October 2022) Determination 2022 (No. 6)

Administered by Department of Home Affairs

Legislation au F2022L01730 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. 6)

 

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 Bathurst, Cabonne, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Narrabri, Narrandera, 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. 6) (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 Bathurst, Cabonne, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Narrabri, Narrandera, 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. 5) 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. 5) 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. 6), enacted under the Social Security Act 1991, addresses the urgent need to provide financial relief to individuals adversely affected by the severe storms and floods in New South Wales during late September to November 2022. This legislation was introduced by the Minister for Emergency Management to swiftly qualify those impacted by the disaster for the Australian Government Disaster Recovery Payment (AGDRP). The policy objective is to offer immediate financial support to those who have suffered serious injury, lost immediate family members, experienced destruction or significant damage to their primary residences, or had major assets destroyed or severely damaged due to the disaster. This determination is crucial in ensuring timely assistance to the affected communities, as the circumstances of being adversely affected are clearly outlined to facilitate quick eligibility assessments and payments.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment— New South Wales floods – September-October 2022) Determination 2022 (No. 6) applies specifically to individuals who have been adversely affected by the major disaster, defined as the storms and floods that affected certain local government areas in New South Wales from 14 September 2022 through to November 2022. This determination is made under the Social Security Act 1991, which governs the provision of the Australian Government Disaster Recovery Payment (AGDRP). The determination identifies the circumstances in which a person is to be considered adversely affected, such as being seriously injured, being an immediate family member of someone killed as a direct result of the disaster, or having their principal place of residence or major assets destroyed or significantly damaged. The payment is a one-off immediate payment provided to those who meet these criteria. The determination does not apply to areas outside the specified local government areas or to events other than the specified floods. It is a legislative instrument that is not subject to disallowance by the Parliament, reflecting the urgency of the situation.

Key Provisions

The primary operative sections of the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – September-October 2022) Determination 2022 (No. 6) (the Determination) outline the circumstances under which an individual qualifies for the Australian Government Disaster Recovery Payment (AGDRP). Specifically, Section 4(2) of the Determination sets out the criteria for being adversely affected by the major disaster, including serious injury, death of an immediate family member, destruction or major damage to one's principal place of residence, destruction or major damage to major assets, or being a principal carer of a person who meets any of these criteria. This is aligned with Section 1061K of the Social Security Act 1991 (the Act), which stipulates that to qualify for the AGDRP, an individual must be adversely affected by a major disaster. The Act imposes several obligations on both the government and the affected individuals. The government, through the Minister, is required to determine whether an event qualifies as a major disaster under Section 36(1) of the Act, which was done for the storms and floods in New South Wales from September to November 2022. The Minister also specifies the circumstances under which a person is considered adversely affected by a major disaster, as outlined in Section 4(2) of the Determination. Affected individuals must demonstrate that they meet one of the specified criteria to qualify for the payment. Furthermore, Section 5 of the Determination repeals the previous determination (No. 5), while ensuring that actions taken under the repealed determination remain valid, as stated in Section 6. The Determination and the Act do not explicitly outline specific offences, penalties, or consequences for breach. However, any misuse or fraudulent claims related to the AGDRP would likely be subject to penalties under broader social security laws. For example, making a false statement or providing false information to obtain a benefit could be considered an offence under Section 126 of the Social Security Act 1991, potentially resulting in fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as determined under the relevant sections of the Act and other applicable laws.

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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.