Overview

The Social Security (Australian Government Disaster Recovery Payment—Northern NSW Bushfires) Determination 2019 (No. 8) was enacted to provide immediate relief to Australians adversely affected by the bushfires that occurred in Northern New South Wales from August to October 2019. This legislation was introduced to address the urgent need for financial support for those directly impacted by the disaster, offering a one-off payment through the Australian Government Disaster Recovery Payment (AGDRP). The Social Security Act 1991 was amended to include specific criteria under which an individual could be considered adversely affected by the major disaster, as determined by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management. The policy objective of this determination is to ensure that those most in need receive prompt financial assistance to aid their recovery. The Minister's determination was made under the authority of section 1061L of the Act and was implemented without the need for disallowance by the Parliament, reflecting the urgent nature of the situation.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Northern NSW Bushfires) Determination 2019 (No.8) applies to individuals who have been adversely affected by the major disaster of the bushfires that occurred in August, September and October 2019 in Northern New South Wales, specifically within the local government areas of Armidale, Clarence Valley, Richmond Valley and Tenterfield. This determination, which is an integral part of the Social Security Act 1991, outlines the specific circumstances in which a person may be considered adversely affected by this major disaster, thereby qualifying them for the Australian Government Disaster Recovery Payment. The Act applies to those who are seriously injured, immediate family members of Australian residents killed, those whose principal place of residence has been destroyed or significantly damaged, and principal carers of children who meet any of the aforementioned criteria. The Act operates within the Commonwealth jurisdiction and provides that the determination under section 1061L is a legislative instrument exempt from disallowance by the Parliament. While formal consultation was not undertaken due to the urgent nature of the determination, it is an essential legislative instrument designed to provide immediate relief to those affected by the specified bushfires.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Northern NSW Bushfires) Determination 2019 (No. 8) outlines the circumstances under which an individual can qualify for the Australian Government Disaster Recovery Payment (AGDRP) following the major bushfires that occurred in Northern New South Wales from August to October 2019. Specifically, Section 1061K of the Social Security Act 1991 (the Act) sets the criteria for AGDRP, requiring that a person must be adversely affected by a major disaster. Subsection 1061L(1) defines that a person is adversely affected if they are impacted by the disaster in a way determined by the Minister, and subsection 1061L(2) allows the Minister to specify these circumstances in writing. The Determination, therefore, is a legislative instrument that provides the specific details of what it means to be adversely affected by the Northern NSW bushfires. Under the Determination, a person will be 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 (paragraph 4(2)(a)); they are an immediate family member of an Australian resident who is killed as a direct result of the disaster (paragraph 4(2)(b)); their principal place of residence has been destroyed or has major damage as a direct result of the disaster (paragraph 4(2)(c)); or they are a principal carer of a child to whom any of the previous criteria apply (paragraph 4(2)(d)). These criteria are designed to provide financial support to those who have suffered significant harm or loss due to the bushfires. The Act imposes certain obligations on the parties involved. The Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management is responsible for determining the specific circumstances under which a person will be considered adversely affected by the disaster. The Minister must make this determination in writing and it must be in accordance with the criteria outlined in the Determination. Additionally, the Act requires that the Determination be made as a matter of urgency, and as such, formal consultation with the Parliament is not necessary. This urgency reflects the immediate need for financial assistance to those impacted by the disaster. Failure to comply with the requirements set out in the Determination could lead to civil or criminal consequences. Although the Determination itself does not specify penalties, breaches of the Social Security Act 1991 or related legislation could result in fines or imprisonment. For example, providing false information to obtain the AGDRP could be considered fraud under the Commonwealth Criminal Code, which carries potential penalties including fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, but they could be significant given the importance of accurately distributing disaster relief funds.