Social Security (Australian Government Disaster Recovery Payment— Northern Territory, Northern Region Flooding – 26 February 2023 onwards) Determination 2023 (No. 1)

Overview

The Social Security (Australian Government Disaster Recovery Payment—Northern Territory, Northern Region Flooding – 26 February 2023 onwards) Determination 2023 (No. 1) was enacted to provide immediate relief to individuals adversely affected by the severe weather, heavy rainfall, and flooding that occurred in the Northern Territory, specifically in the local government area of Victoria Daly, commencing on 26 February 2023. This determination was issued by the Minister for Emergency Management under the authority of the Social Security Act 1991, which aims to ensure that those significantly impacted by major disasters receive timely financial assistance. The determination outlines specific circumstances under which a person is considered adversely affected, thereby qualifying for the Australian Government Disaster Recovery Payment (AGDRP). The policy objective is to provide a one-off payment to support affected individuals promptly, recognising the substantial disruption and damage caused by the disaster.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Northern Territory, Northern Region Flooding – 26 February 2023 onwards) Determination 2023 (No. 1) applies to individuals who are adversely affected by the severe weather, heavy rainfall, and flooding that commenced on 26 February 2023 in the Northern Territory, specifically the local government area of Victoria Daly. This Determination outlines the criteria under which a person is considered to be adversely affected by the major disaster, which includes being seriously injured, being an immediate family member of a victim killed in the disaster, having a principal place of residence destroyed or significantly damaged, experiencing destruction or major damage to a major asset, or being a principal carer of a child affected by any of these circumstances. The provisions of this Determination are in line with the Social Security Act 1991 and provide clarity on eligibility for the Australian Government Disaster Recovery Payment. The Determination does not apply to other types of disasters or those occurring outside the specified timeframe and location, and it is not subject to disallowance by the Parliament.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Northern Territory, Northern Region Flooding – 26 February 2023 onwards) Determination 2023 (No. 1) set out the specific circumstances under which an individual is considered adversely affected by the severe weather, heavy rainfall, and flooding that occurred in the Northern Territory on 26 February 2023. Section 4(2) of the Determination identifies these circumstances, which include serious injury resulting directly from the disaster, being an immediate family member of someone killed as a direct result of the disaster, having a principal place of residence destroyed or severely damaged, experiencing major damage or destruction of major assets, or being a principal carer of a child who falls into one of these categories. The Determination outlines the criteria for being adversely affected by the disaster in order to qualify for the Australian Government Disaster Recovery Payment (AGDRP). The Act imposes specific obligations on the parties it governs, particularly in terms of the eligibility criteria for receiving the AGDRP. Section 1061K of the Social Security Act 1991 requires that to qualify for the payment, a person must be adversely affected by a major disaster. The Determination, under section 4(2), further defines what it means to be adversely affected in the context of the Northern Territory flooding. The Minister for Emergency Management has the authority to determine the specific circumstances for each major disaster, and this Determination sets out the particular conditions for this event. These obligations ensure that the payment is only provided to those who meet the defined criteria of being adversely affected by the disaster. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breaches of the provisions. The Determination is a legislative instrument under subsection 1061L(3) of the Act, and it is not subject to disallowance by the Parliament as per subsection 1061L(3). The focus of the Determination is to provide clarity and guidance on the eligibility criteria for the AGDRP in the context of the Northern Territory flooding, without imposing penalties for non-compliance. Instead, the primary aim is to ensure that the payment reaches those who are genuinely in need due to the disaster.