EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1)
Social Security Act 1991
Issued by authority of the Acting Minister for Emergency Management and National Recovery and Resilience
- The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians 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 purposes of 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 in relation to the disaster.
- Subsection 1061L(2) of the Act provides that the Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster.
- Section 36 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.
- The Minister has made a determination under section 36(1) of the Act that applies only to the severe storms, heavy rainfall and associated flooding that commenced on 7 January 2022 in Queensland affecting the local government areas of Bundaberg, Gympie and Fraser Coast.
- The Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1) (the Determination) gives effect to the disaster referred to above and sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
- Section 1 of the Determination specifies the name of the determination.
- Section 2 provides that the Determination commences on the day it is signed. For the purposes of 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 of Determination contains definitions relevant to the determination.
- Subsection 4(1) of the Determination provides that the Determination applies to the major disaster being the severe storms, heavy rainfall and associated flooding that commenced on 7 January 2022 in Queensland affecting the local government areas of Bundaberg, Gympie and Fraser Coast.
- Subsection 4(2) of the Determination provides that the circumstances in which a person will be taken to be adversely affected by the major disaster described in subsection 4(1) are where:
- the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
- the person is an immediate family member of an Australian who is killed as a direct result of the disaster (paragraph 4(2)(b)); or
- 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
- a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or
- the person is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)).
- The terms ‘destroyed’, ‘immediate family member’, ‘major asset or assets’, ‘major damage’ and ‘seriously injured’ are defined in subsection 3(1) of Determination. Subsection 3(2) defines what a ‘principal place of residence’ is.
- Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument. However, this instrument 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 the Determination.
- 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—Queensland floods) Determination 2022 (No. 1) was enacted to provide urgent support to individuals adversely affected by the severe storms, heavy rainfall, and associated flooding that impacted Queensland in early 2022, particularly in the local government areas of Bundaberg, Gympie, and Fraser Coast. This Determination, issued by authority of the Acting Minister for Emergency Management and National Recovery and Resilience, aims to address the immediate needs of those suffering from the disaster by qualifying them for the Australian Government Disaster Recovery Payment (AGDRP). The Social Security Act 1991, as amended, empowers the Minister to declare a major disaster and define the circumstances under which individuals are adversely affected, enabling them to receive the AGDRP. This Determination clarifies these circumstances, ensuring that those who have experienced serious injury, loss of life, property damage, or are caregivers to affected individuals are recognised and supported.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1) applies to the severe storms, heavy rainfall and associated flooding that occurred in Queensland from 7 January 2022, specifically affecting the local government areas of Bundaberg, Gympie and Fraser Coast. This legislation targets individuals who have been adversely affected by this disaster and provides them with the Australian Government Disaster Recovery Payment (AGDRP). To qualify under this Act, a person must fall into one of the categories specified in the Determination, such as being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or significantly damaged, or experiencing major damage to a principal asset as a direct result of the disaster. Additionally, principal carers of children who meet these criteria are also eligible. The Act sets out specific definitions for terms such as 'destroyed','major damage', 'seriously injured', and 'principal place of residence'. Notably, the Act does not undergo disallowance by the Parliament, and formal consultation was not feasible due to the urgent nature of the legislation.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1) (the Determination) provides a framework for the Australian Government Disaster Recovery Payment (AGDRP) to be issued to individuals affected by the severe storms, heavy rainfall and associated flooding in Queensland in early 2022. Under section 4(1) of the Determination, the payment applies to the disaster affecting the local government areas of Bundaberg, Gympie and Fraser Coast, which began on 7 January 2022. The Determination specifies that a person will be considered adversely affected if they meet any of the criteria outlined in subsection 4(2) (1061L(2)). For example, this includes being seriously injured as a direct result of the disaster (subsection 4(2)(a)), being an immediate family member of someone killed as a result of the disaster (subsection 4(2)(b)), having one's principal place of residence destroyed or significantly damaged (subsection 4(2)(c)), having major assets destroyed or significantly damaged (subsection 4(2)(d)), or being a principal carer of a child who meets any of these criteria (subsection 4(2)(e)). These terms are defined in subsection 3(1) and 3(2) of the Determination.
The Determination imposes several obligations on both the government and the individuals who apply for the AGDRP. The government is responsible for determining that the event qualifies as a major disaster under section 36 of the Social Security Act 1991 (the Act) and for establishing the criteria for being adversely affected by the disaster under section 1061L of the Act. Once these criteria are established, individuals who believe they qualify for the AGDRP must provide evidence that they meet one of the adverse effect criteria outlined in the Determination. This may involve submitting documentation such as medical reports, police reports, or property damage assessments. The government agencies responsible for processing these applications are tasked with verifying the information provided and making payments to eligible individuals in a timely manner.
There are no explicit offences or penalties mentioned in the Determination itself. However, providing false or misleading information to obtain the AGDRP could potentially be considered fraud, which is a criminal offence under the Commonwealth Criminal Code Act 1995. The maximum penalty for fraud under this Act is imprisonment for 10 years, a fine of up to $275,000, or both. Additionally, failing to declare income or assets when applying for other social security payments could result in financial penalties or the recovery of overpayments. While these potential consequences are not explicitly stated in the Determination, they may apply if an individual engages in fraudulent behaviour in relation to their AGDRP application.