Overview

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 1) was enacted to address the urgent need for financial support for individuals adversely affected by the severe weather, heavy rainfall, and flooding that occurred in South East Queensland from 22 February 2022. This determination was issued under the authority of the Minister for Emergency Management and National Recovery and Resilience, in accordance with section 1061K of the Social Security Act 1991, which specifies the criteria for the Australian Government Disaster Recovery Payment (AGDRP). The policy objective of this determination is to provide immediate relief to those who have suffered significant impacts due to the disaster, ensuring they receive the necessary financial assistance without delay. The determination sets out the specific circumstances under which a person will be considered adversely affected by the disaster, including instances of serious injury, death of an immediate family member, destruction or major damage to a principal place of residence or major assets, or being a principal carer for an affected child. The Minister’s determination under section 36 of the Social Security Act 1991, recognising the event as a major disaster, and the subsequent determination regarding the adverse effects of the disaster, aims to streamline the provision of the AGDRP. This legislative instrument is not subject to disallowance by Parliament, reflecting the urgent nature of the disaster response required.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 1) applies to individuals adversely affected by the severe weather, heavy rainfall, and flooding that occurred in Queensland from 22 February 2022, specifically impacting the local government areas of Fraser Coast, Gold Coast, Gympie, Ipswich, Lockyer Valley, Logan, Noosa, North Burnett, Sunshine Coast, and Toowoomba. The Determination outlines the circumstances under which a person may be considered adversely affected, including being seriously injured, being an immediate family member of someone killed as a direct result of the disaster, having a principal place of residence destroyed or significantly damaged, or experiencing significant damage to major personal assets. The Determination is grounded in Section 1061K of the Social Security Act 1991, which stipulates the criteria for the Australian Government Disaster Recovery Payment, and it is empowered by Section 36, which allows the Minister to declare a major disaster warranting government intervention. While this legislative instrument is considered a determination under the Social Security Act 1991, it is exempt from disallowance by Parliament, as per Section 1061L(3) of the Act. This urgent measure was implemented without formal consultation to ensure swift support to those in need.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 1) (the Determination) sets out the specific circumstances in which a person is considered to be adversely affected by the major disaster caused by the severe weather, heavy rainfall, and flooding in certain Queensland local government areas, as stated in section 4(1). According to subsection 4(2), a person is considered adversely affected if they meet one of several criteria: they are seriously injured as a direct result of the disaster (paragraph 4(2)(a)); they are an immediate family member of an Australian who was killed as a direct result of the disaster (paragraph 4(2)(b)); their principal place of residence was destroyed or suffered major damage as a direct result of the disaster (paragraph 4(2)(c)); a major asset or assets of the person were destroyed or suffered major damage due to the disaster (paragraph 4(2)(d)); or they are a principal carer of a child who meets any of the criteria in paragraphs 4(2)(a) to (d) (paragraph 4(2)(e)). The definitions for terms such as 'destroyed', 'immediate family member','major asset or assets','major damage', and'seriously injured' can be found in subsection 3(1), and the definition of 'principal place of residence' is in subsection 3(2). This Determination is a legislative instrument under subsection 1061L(3) of the Social Security Act 1991, but it is not subject to disallowance by the Parliament as provided in subsection 1061L(3). The Determination imposes specific obligations on individuals who wish to claim the Australian Government Disaster Recovery Payment (AGDRP). To be eligible, an individual must demonstrate that they meet one of the criteria set out in the Determination, such as being seriously injured or having their principal place of residence destroyed or damaged as a result of the disaster. This involves providing evidence that supports their claim, such as medical reports for injuries or property damage assessments. Additionally, the Determination requires claimants to be Australian citizens or permanent residents, and they must apply for the payment within the timeframe specified by the Minister, which is not explicitly stated in the Determination but is typically aligned with the urgency of the disaster response. Failure to provide accurate and timely information can result in the denial of the payment. The Social Security Act 1991 and the accompanying Determination establish several potential consequences for individuals who do not comply with the requirements for claiming the AGDRP. While the Act does not specify criminal penalties for non-compliance, it does allow for the recovery of any payments made in error or fraud. Under subsection 120D(1) of the Act, if a person knowingly makes a false or misleading statement to obtain a payment, they may be liable for a civil penalty of up to $22,200, as determined by the current indexation rate. Additionally, subsection 120D(2) allows the Commonwealth to seek recovery of the amount paid, plus interest, from the individual. These provisions underscore the importance of accuracy and honesty in the claims process to ensure that assistance is provided to those who genuinely need it. In summary, the Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 1) outlines the criteria for individuals to qualify for the AGDRP and imposes specific obligations on claimants to provide accurate and timely information. Non-compliance with these requirements can lead to civil penalties, including the recovery of payments made in error or through fraud. The Determination ensures that the AGDRP is targeted towards those who are genuinely adversely affected by the disaster, providing them with necessary support during their recovery process.