EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No. 7)
Social Security Act 1991
Issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management
- 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 made a determination under section 36(1) of the Act that applies to the bushfires occurring in November and December 2019, and January 2020 in South Australia affecting the local government areas of Adelaide Hills, City of Playford, Kangaroo Island, Kingston, Lower Eyre Peninsula, Mount Barker and Yorke Peninsula.
- The Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No.7) (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 instrument specifies the name of the instrument.
- Section 2 provides that the instrument commences on the day it is signed. For the purposes of section 12 of the Legislation Act 2003, the instrument may commence before it is registered as it will not disadvantage any persons adversely affected by the disaster.
- Section 3 of the instrument contains definitions relevant to the instrument.
- Subsection 4(1) of the instrument provides that the instrument applies to the major disaster being the bushfire occurring in November and December 2019, and January 2020 in South Australia affecting the local government areas of Adelaide Hills, City of Playford, Kangaroo Island, Kingston, Lower Eyre Peninsula, Mount Barker and Yorke Peninsula.
- Subsection 4(2) of the instrument 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 section 4 of instrument.
- Section 5 of the instrument operates to repeal Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No.3).
- Section 6 of the instrument provides that anything done under the Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No.3) continues to be in effect as if it had been done under this instrument.
- 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 instrument.
- Formal consultation has not been undertaken as the instrument was required to commence as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No. 7) was enacted to provide immediate financial assistance to individuals adversely affected by the bushfires in South Australia from November 2019 to January 2020. The determination complements the Social Security Act 1991 by specifying the circumstances in which a person is considered to be adversely affected by this major disaster, thereby qualifying for the Australian Government Disaster Recovery Payment. This legislation was issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, aiming to ensure a timely government response to the significant impact of the bushfires. The policy objective is to offer a one-off payment to those seriously injured, who lost an immediate family member, whose principal residence or major assets were destroyed or significantly damaged, or who are primary caregivers to affected individuals. The instrument operates to replace an earlier determination and ensures continuity of effect for actions taken under the superseded instrument.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No. 7) applies to individuals who have been adversely affected by the bushfires that occurred in South Australia during November and December 2019, and January 2020, specifically within the local government areas of Adelaide Hills, City of Playford, Kangaroo Island, Kingston, Lower Eyre Peninsula, Mount Barker, and Yorke Peninsula. This determination, which operates under the Social Security Act 1991, is designed to provide an immediate, one-off payment to those who have suffered serious injury, have lost an immediate family member, had their principal place of residence destroyed or significantly damaged, experienced major damage to their assets, or are the principal carer of a child who meets any of the aforementioned criteria. The instrument not only defines the circumstances that qualify an individual for the Australian Government Disaster Recovery Payment but also repeals the previous determination (Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No.3)) while ensuring that any actions taken under the repealed instrument remain valid. This legislation reflects the urgency of the situation, allowing it to take effect prior to its registration, without the need for formal consultation.
Key Provisions
The Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No. 7) provides the specific criteria for determining eligibility for the Australian Government Disaster Recovery Payment (AGDRP) in the context of the South Australia bushfires that occurred in late 2019 and early 2020. Section 1061K of the Social Security Act 1991 (the Act) specifies that a person must be adversely affected by a major disaster to qualify for the AGDRP. Section 1061L(1) of the Act further clarifies that the Minister determines the specific circumstances in which a person is considered adversely affected by a major disaster. This determination is made in writing by the Minister and applies to the bushfires in South Australia affecting certain local government areas.
The Determination, under section 4, outlines the circumstances in which a person is to be considered adversely affected by the major disaster. These circumstances include being seriously injured as a direct result of the disaster, being an immediate family member of an Australian killed as a result of the disaster, having a principal place of residence destroyed or severely damaged, or having a major asset destroyed or severely damaged. Additionally, the Determination includes provisions for principal carers of children who meet these criteria. Section 5 of the Determination repeals a previous determination, ensuring that the new provisions are in effect.
The Determination imposes obligations on individuals to provide evidence of their eligibility for the AGDRP, such as documentation of injuries, loss of residence, or other specified impacts. It also mandates the Department of Social Services to process applications and make payments in accordance with the criteria set out in the Determination. The Determination, while urgent in its application, is not subject to disallowance by the Parliament as specified in subsection 1061L(3) of the Act.
Under the Act, breaches of the provisions set out in the Determination can lead to penalties. For instance, providing false information in an application for the AGDRP can result in fines or prosecution. The maximum penalties for providing false or misleading information in a document submitted to the Minister under the Act can include fines of up to 120 penalty units or imprisonment for up to two years, as outlined in section 283 of the Act. These penalties underscore the importance of compliance with the requirements set forth in the Determination.