Overview

The Social Security Act 1991 was enacted to provide a legislative framework for social security in Australia, including the Australian Government Disaster Recovery Payment (AGDRP). The AGDRP is a one-off payment introduced to provide immediate financial assistance to Australians adversely affected by major disasters. The problem or gap this legislation addresses is the need for swift financial support to individuals who have suffered significant losses or injuries as a result of a major disaster. The Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2019 (No. 7), made under section 1061L of the Act, was introduced to provide urgent relief to those affected by the bushfires in Queensland in September 2019. The determination specifies the circumstances under which a person is considered to be adversely affected by the disaster, including serious injury, loss of an immediate family member, destruction or major damage to their principal place of residence, or being a principal carer of an affected child. This determination was made by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management and was not subject to disallowance by Parliament due to the urgent nature of the situation.

Scope and Application

The Australian Government Disaster Recovery Payment (AGDRP) under the Social Security Act 1991 provides an immediate, one-off payment to Australians adversely affected by a major disaster. The Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2019 (No. 7) specifies that the Act applies to individuals who have been adversely affected by the bushfires occurring in September 2019 in Queensland, specifically within the local government areas of Noosa, Scenic Rim, Southern Downs, and Sunshine Coast. The Determination outlines the specific circumstances in which a person will be considered adversely affected, such as being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or severely damaged, or being a principal carer for a child who meets any of these criteria. This legislation is enacted at the national level and is not subject to disallowance, reflecting the urgent nature of the disaster response. The Determination does not extend to other regions or disasters unless specifically addressed by subsequent legislation or determinations.

Key Provisions

Section 1061K of the Social Security Act 1991 (the Act) sets the qualification criteria for the Australian Government Disaster Recovery Payment (AGDRP). To be eligible for the payment, an individual must be adversely affected by a major disaster, as defined in subsection 1061L(1). The Minister can determine in writing the specific circumstances that constitute being adversely affected by a particular disaster. For the Queensland bushfires of September 2019, the Minister determined that an individual is adversely affected if they are seriously injured as a direct result of the disaster, if they are an immediate family member of someone killed in the disaster, if their principal place of residence was destroyed or suffered major damage, or if they are a principal carer of someone affected under the other conditions. These circumstances are detailed in the Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2019 (No. 7). The Act imposes specific obligations on the Minister, who must determine whether an event qualifies as a major disaster and the circumstances under which individuals are adversely affected. Under section 36, the Minister can declare an event a major disaster if it significantly impacts individuals, necessitating a government response. This declaration must be in writing and is subject to the criteria outlined in the Act. The Minister's determination is a legislative instrument and not subject to disallowance by Parliament, as per subsection 1061L(3). This urgency bypasses the requirement for formal consultation, ensuring a swift response to the disaster. Breaching the provisions of the Act or the Determination can lead to civil or criminal consequences. Although the Act does not explicitly state the penalties for non-compliance, breaches of legislative instruments can attract penalties under the Legislation Act 2003. For instance, knowingly or recklessly providing false or misleading information to obtain the AGDRP could result in fines or imprisonment, as per general provisions in administrative law for providing false information to government authorities. The exact penalties would depend on the specific breach and the applicable laws.