Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment—Northern Queensland Monsoon and Flooding – December 2022 – March 2023) Determination 2023 (No.1)
Social Security Act 1991
Issued by authority of the Minister for Emergency Management
- The Australian Government Disaster Recovery Payment (the 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 disaster in a way determined by the Minister for the disaster.
- 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.
- 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.
- The Minister has made a determination under subsection 36(1) of the Act that applies only to the severe weather and associated flooding that commenced on 20 December 2022 and continued into March 2023 in Queensland affecting the local government areas of Boulia, Burke, and Mount Isa.
- The Social Security (Australian Government Disaster Recovery Payment—Northern Queensland Monsoon and Flooding – December 2022 – March 2023) Determination 2023 (No. 1) (the Determination) sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
- Section 1 specifies the name of the Determination.
- 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.
- 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.
- Subsection 4(1) provides that the Determination applies to the major disaster being the severe weather and associated flooding that commenced on 20 December 2022 and continued into March 2023 in Queensland affecting the local government areas of Boulia, Burke and Mount Isa.
- 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. 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.
14. 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—Northern Queensland Monsoon and Flooding – December 2022 – March 2023) Determination 2023 (No. 1) was enacted to address the immediate financial needs of individuals adversely affected by the severe weather and associated flooding in northern Queensland from December 2022 to March 2023. This legislation, issued under the authority of the Minister for Emergency Management, complements the existing framework of the Social Security Act 1991, which provides an Australian Government Disaster Recovery Payment (AGDRP) to those impacted by major disasters. The policy objective of the Determination is to swiftly provide financial assistance to those who have suffered significant personal or property losses due to the disaster, ensuring they receive timely support during their recovery period.
The Determination outlines specific circumstances under which individuals are deemed to be adversely affected by the disaster, including being seriously injured, being a family member of someone killed, having their residence or major assets destroyed or damaged, or being a principal carer for an affected child. By establishing these criteria, the legislation aims to ensure that those who need it most receive the AGDRP without delay, reflecting a commitment to prompt and effective disaster relief. This measure was necessitated by the urgency of the situation, and as such, formal consultation was not undertaken.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Northern Queensland Monsoon and Flooding – December 2022 – March 2023) Determination 2023 (No. 1) applies to individuals who have been adversely affected by the severe weather and associated flooding that occurred in Northern Queensland from December 2022 to March 2023 in the local government areas of Boulia, Burke, and Mount Isa. To be eligible for the Australian Government Disaster Recovery Payment under this Determination, a person must meet specific criteria, such as being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or significantly damaged, losing a major asset, or being a principal carer of a child who meets any of the aforementioned criteria. The Determination, which is a legislative instrument, was made under the Social Security Act 1991 and is not subject to disallowance by the Parliament. It was enacted to provide an immediate response to the disaster without undergoing formal consultation, as the urgency of the situation necessitated swift action.
Key Provisions
The key operative sections of the Social Security (Australian Government Disaster Recovery Payment—Northern Queensland Monsoon and Flooding – December 2022 – March 2023) Determination 2023 (No. 1) include sections 4(2) and 3. Section 4(2) defines the circumstances in which a person is considered to be adversely affected by the major disaster. This includes being seriously injured, being an immediate family member of someone killed, having one's residence destroyed or significantly damaged, or experiencing significant damage to a major asset. Section 3 provides definitions for terms such as "destroyed," "immediate family member," "major asset," "major damage," "seriously injured," and "principal place of residence."
The Act imposes specific obligations on the parties it governs. For instance, the Minister for Emergency Management must determine whether an event qualifies as a major disaster under section 36(1) of the Social Security Act 1991. Once this determination is made, the Minister is required to outline the specific circumstances under which individuals are considered adversely affected by the disaster, as per section 1061L(2). These obligations ensure that the criteria for eligibility for the Australian Government Disaster Recovery Payment (AGDRP) are clearly defined and applied consistently.
Failure to comply with the requirements set out in the Determination or the Social Security Act 1991 may result in civil or criminal consequences. While the Determination does not explicitly list penalties, breaches of related social security laws can attract fines and other penalties. Under the Social Security Act, penalties for providing false or misleading information to obtain benefits can include financial penalties and imprisonment. The maximum penalty for providing false or misleading information can be up to two years' imprisonment, according to section 116 of the Act. This underscores the importance of adhering to the guidelines and criteria established by the Act and the Determination.