EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 2)
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, Fraser Coast and North Burnett.
- The Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 2) (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, Fraser Coast and North Burnett.
- 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. 2) was enacted to address the urgent need for financial support for individuals adversely affected by the severe storms, heavy rainfall, and associated flooding that occurred in Queensland from 7 January 2022 in the local government areas of Bundaberg, Gympie, Fraser Coast, and North Burnett. This Determination provides an immediate, one-off payment to eligible individuals under the Social Security Act 1991. The Minister for Emergency Management and National Recovery and Resilience determined that this event qualified as a major disaster, necessitating a government response due to its significant impact on individuals. The Determination sets out specific circumstances under which a person will be considered adversely affected by the disaster, including serious injury, loss of life, property destruction, or major damage to assets. The policy objective is to offer timely financial assistance to those who have suffered directly from the disaster, ensuring that the support reaches those in need without delay.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 2) applies to individuals who are adversely affected by the major disaster, specifically the severe storms, heavy rainfall, and associated flooding that occurred in Queensland from 7 January 2022, impacting the local government areas of Bundaberg, Gympie, Fraser Coast, and North Burnett. This Determination gives effect to the disaster and outlines the circumstances under which a person is considered adversely affected. Such individuals include those who are seriously injured as a direct result of the disaster, immediate family members of Australians killed in the disaster, people whose principal place of residence has been destroyed or significantly damaged, those whose major assets have been destroyed or significantly damaged, and principal carers of children who fall under the aforementioned categories. The Determination, as a legislative instrument, does not require disallowance by the Parliament, and it was enacted without formal consultation to address the urgent need for disaster relief payments.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 2) provides a framework for the Australian Government Disaster Recovery Payment (AGDRP) to be issued to individuals adversely affected by the severe storms, heavy rainfall, and associated flooding in Queensland. Section 4(1) of the Determination identifies the disaster in question, which commenced on 7 January 2022 in the local government areas of Bundaberg, Gympie, Fraser Coast, and North Burnett. Section 4(2) details the circumstances that qualify an individual for the payment, including being seriously injured or being an immediate family member of someone killed as a result of the disaster, having one's principal place of residence destroyed or severely damaged, or experiencing major damage to one's assets. The definition of terms such as 'seriously injured','major damage', and 'principal place of residence' is provided in Section 3 of the Determination.
The Determination imposes specific obligations on individuals seeking the AGDRP. To qualify, individuals must demonstrate that they meet one of the criteria outlined in Section 4(2). This includes providing evidence of serious injury, death of a family member, damage to their principal place of residence, or major asset damage. The onus is on the individual to provide this evidence to the Department of Social Services to substantiate their claim for the payment. Additionally, the Determination requires that all claims be made within the specified period, which is typically outlined in related administrative guidelines or notices issued by the government.
There are no explicit offences or penalties detailed within the Determination itself; however, providing false or misleading information to obtain the AGDRP could potentially lead to civil or criminal consequences under other legislation, such as the Social Security Act 1991. Section 1061M of the Act makes it an offence to make a false statement or provide false or misleading information to obtain a payment. Penalties for such offences can include fines and, in serious cases, imprisonment. It is important for claimants to ensure the accuracy and truthfulness of their submissions to avoid these potential consequences.