Overview

The Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2020 (No. 8) was introduced to address the urgent need for financial assistance to individuals adversely affected by the bushfires that occurred in Queensland in September 2019. This Determination is an instrumental piece of legislation under the Social Security Act 1991 and was issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management. The primary objective of this legislation is to provide clarity and expedite the process for determining eligibility for the Australian Government Disaster Recovery Payment (AGDRP) for those impacted by these bushfires. The instrument specifies the criteria for being considered adversely affected by the disaster, ensuring that affected individuals receive the necessary support without delay. This Determination came into effect immediately upon signing and is not subject to disallowance, reflecting the urgency and necessity of the measures.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2020 (No. 8) applies specifically to individuals adversely affected by the bushfires occurring in September 2019 in Queensland, within the local government areas of Noosa, Scenic Rim, Southern Downs, and Sunshine Coast. This legislation is an extension of the Social Security Act 1991 and is designed to provide immediate financial relief to those severely impacted by the disaster. To qualify for the Australian Government Disaster Recovery Payment, an individual must meet certain criteria as specified in the legislation, such as being seriously injured, losing an immediate family member, having their principal place of residence destroyed or significantly damaged, or experiencing the destruction or major damage of a major asset due to the disaster. Additionally, principal carers of children who meet the aforementioned criteria are also eligible for the payment. The instrument operates to repeal the previous determination and ensures continuity of actions taken under the repealed instrument, while exempting itself from disallowance under section 42 of the Legislation Act 2003.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2020 (No. 8) establish the criteria for qualifying for the Australian Government Disaster Recovery Payment (AGDRP) due to the Queensland bushfires of September 2019. Under Section 4(2) of the Determination, a person is considered adversely affected by the disaster if they meet one of the following criteria: they are seriously injured as a direct result of the disaster, are an immediate family member of an Australian who was killed as a direct result of the disaster, their principal place of residence has been destroyed or suffered major damage, their major assets have been destroyed or suffered major damage, or they are a principal carer of a child affected under any of the aforementioned circumstances. These criteria are closely aligned with the provisions outlined in Section 1061L of the Social Security Act 1991. The obligations imposed by the Act and the Determination on the parties involved are primarily centered on the verification of the eligibility of applicants for the AGDRP. The Act mandates that the Minister determines whether an individual is adversely affected by a major disaster, which includes defining the circumstances under which this determination is made. Under Section 1061L(2), the Minister has the authority to specify these circumstances in writing. Additionally, the Determination, by specifying the exact circumstances for the Queensland bushfires, aids in streamlining the verification process for applicants to ensure they meet the established criteria for receiving the payment. Breaches of the provisions outlined in the Act and the Determination can lead to civil or criminal consequences. While the Determination itself does not explicitly outline penalties for non-compliance, the Social Security Act 1991 does provide a framework for penalties in cases of fraud or misrepresentation. Under Section 1061C of the Act, a person who makes a false or misleading statement in an application for a payment can be liable for a penalty of up to 5,000 penalty units, which currently equates to AUD 530,000. Additionally, under Section 1061D, a person who knowingly authorises an application that contains a false or misleading statement can also be liable for the same penalty. These provisions ensure that there are significant disincentives for any fraudulent behaviour in the application process for the AGDRP.