EXPLANATORY STATEMENT
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination 2025
Legislative Authority
The Australian Government Disaster Recovery Payment (AGDRP) provides an immediate, one-off payment to a person adversely affected by a major disaster.
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’.
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 major disaster in a way determined by the Minister.
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 major disaster.
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, or the event is an emergency to which a national emergency declaration relates.
Background
The Minister for Emergency Management has made a determination under subsection 36(1) of the Act that the North Queensland floods that commenced on 29 January 2025, and have significantly affected the localities of Cardwell and Giru, and the local government area of the Shire of Hinchinbrook, are a major disaster.
The Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination 2025 (the Determination) sets out the circumstances in which a person is ‘adversely affected’ by this major disaster for AGDRP purposes.
Notes on clauses of the Determination
Section 1 sets out the name of the Determination.
Section 2 provides that the Determination commences immediately after 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 major disaster.
Section 3 provides that the Determination is made under subsection 1061L(2) of the Act.
Section 4 provides definitions relevant to the Determination, including Act, destroyed, immediate family member, major asset or assets, major damage, seriously injured and principal place of residence.
Subsection 5(1) provides that the Determination applies to the major disaster being the floods in North Queensland that commenced on 29 January 2025 and continued through February 2025 and which has affected or affects the localities and local government areas mentioned in Schedule 1.
Subsection 5(2) provides that the circumstances in which a person is taken to be adversely affected by the major disaster mentioned in subsection 5(1) are if:
- the person is seriously injured as a direct result of the major disaster (paragraph 5(2)(a)); or
- the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the major disaster (paragraph 5(2)(b)); or
- the person’s principal place of residence has been destroyed or has major damage as a direct result of the major disaster (paragraph 5(2)(c)); or
- a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the major disaster; or
- the person is a carer of a child to whom paragraphs 5(2)(a), (b), (c) or (d) apply (paragraph 5(2)(e)).
Section 6 provides for the repeal of the Determination two years after it commences. The repeal of the Determination will not affect review rights for applications for the AGDRP lodged within the claiming period, or those who have made late claims with exceptional circumstances prior to the repeal of the Determination. Any review of decisions made on AGDRP applications will be decided based on the Determination in force at the time of the application.
Schedule 1 to the Determination sets out the localities and local government areas affected by the floods.
Consultation
The National Emergency Management Agency (NEMA) consulted with the Queensland Reconstruction Authority on impact.
Information about the support made available to individuals affected by this event will be made available on NEMA’s website.
Other matters
Subsection 1061L(3) of the Act provides that a determination made under section 1061L is a legislative instrument. Subsection 1061L(3) of the Act provides that section 42 of the Legislation Act 2003 does not apply to it. The Determination is therefore exempt from disallowance by the Parliament, in accordance with subsection 44(2) of the Legislation Act 2003.
Overview
The Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination 2025, enacted in 2025, addresses the urgent need to provide immediate financial support to individuals adversely affected by the major disaster caused by the North Queensland floods that began on 29 January 2025. This legislation was enacted by the Minister for Emergency Management under the authority of the Social Security Act 1991. The policy objective of this determination is to ensure that those directly impacted by the disaster receive timely assistance to help mitigate the immediate financial strain caused by their losses. The Determination specifies the criteria under which individuals can be considered adversely affected by the floods for the purposes of receiving the Australian Government Disaster Recovery Payment. The Minister for Emergency Management has identified the circumstances where a person would qualify for the payment, including being seriously injured, having a principal place of residence destroyed or significantly damaged, or being a carer of someone affected by the disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination 2025 applies to individuals who have been adversely affected by the North Queensland floods that began on 29 January 2025, as declared by the Minister for Emergency Management. This legislation, an extension of the Social Security Act 1991, defines the criteria under which a person is deemed to be adversely affected by the major disaster for the purpose of receiving an Australian Government Disaster Recovery Payment (AGDRP). Specifically, the determination applies to individuals who are seriously injured, immediate family members of those missing or killed, those whose principal place of residence is destroyed or severely damaged, or those who have lost major assets due to the disaster. Additionally, it includes carers of children meeting these criteria. The geographic scope of this determination is limited to the localities and local government areas directly affected by the floods, as detailed in Schedule 1. The determination commences immediately upon signing and will be in force for two years, after which it will be repealed, though this will not affect existing claims or review rights. The determination is exempt from disallowance under the Legislation Act 2003, ensuring its immediate application in response to the disaster.
Key Provisions
The main sections of the Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination 2025 (the Determination) include the provision of the name of the Determination (section 1), the commencement of the Determination (section 2), the legislative basis for the Determination (section 3), the definition of terms relevant to the Determination (section 4), the application of the Determination to the North Queensland floods (section 5), and the repeal of the Determination (section 6). Schedule 1 lists the localities and local government areas affected by the floods.
The Determination imposes specific obligations and requirements on the parties it governs. It stipulates that a person is considered adversely affected by the major disaster if they meet any of the following criteria: they are seriously injured as a direct result of the disaster (section 5(2)(a)), they are an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the disaster (section 5(2)(b)), their principal place of residence has been destroyed or has major damage as a direct result of the disaster (section 5(2)(c)), their major assets have been destroyed or suffered major damage as a result of the disaster (section 5(2)(d)), or they are a carer of a child who meets any of the above criteria (section 5(2)(e)). The Determination also outlines the conditions under which it will be repealed (section 6).
There are no explicit offences, penalties, or civil/criminal consequences stated within the Determination itself. However, any breaches of the terms under which the Australian Government Disaster Recovery Payment (AGDRP) is provided, as specified in the Social Security Act 1991, could lead to consequences under that Act. For instance, providing false information to obtain the payment could result in penalties under the Social Security Act, including fines and imprisonment.
The Determination is a legislative instrument and exempt from disallowance by Parliament, ensuring its immediate implementation to provide timely support to those affected by the disaster. The National Emergency Management Agency (NEMA) has consulted with the Queensland Reconstruction Authority regarding the impact and will make information about support available on NEMA’s website.