Overview

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 2) was enacted to address the urgent needs arising from the severe weather, heavy rainfall, and associated flooding that impacted South East Queensland from 22 February 2022. This legislation complements the Social Security Act 1991 by specifying the criteria for eligibility for the Australian Government Disaster Recovery Payment (AGDRP). The Minister for Emergency Management and National Recovery and Resilience, under the authority granted by the Act, determined that the adverse impact of the disaster warranted immediate government response and financial assistance. The policy objective of this Determination is to provide swift relief to individuals who have suffered serious injuries, lost family members, had their homes or major assets destroyed or severely damaged, or are caring for affected children, ensuring they receive the necessary support without delay. The Determination was issued without formal consultation due to the urgency of the situation, and it defines specific terms such as "destroyed", "major damage", "seriously injured", and "principal place of residence" to clarify eligibility. It repeals the earlier Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No.1) while ensuring that actions taken under the previous Determination remain effective. This legislative instrument is not subject to disallowance by Parliament, reflecting the urgent and critical nature of the disaster response.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 2) applies to individuals who have been adversely affected by the severe weather, heavy rainfall and associated flooding that occurred in Queensland from 22 February 2022, specifically within the local government areas of Brisbane, Fraser Coast, Gold Coast, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, and Toowoomba. The Determination outlines the criteria for being considered adversely affected, which includes being seriously injured as a direct result of the disaster, being an immediate family member of someone killed as a result of the disaster, having one’s principal place of residence destroyed or significantly damaged, or suffering the destruction or major damage of a major asset due to the disaster. Additionally, the Determination recognises principal carers of children who meet these criteria as also being adversely affected. This Determination is part of the Social Security Act 1991 and is designed to provide an immediate, one-off payment to those impacted by this major disaster. While the Determination specifies its scope and the conditions for eligibility, it does not undergo disallowance by the Parliament, as it is exempt under the Act. Despite the repeal of the earlier Determination, actions taken under the repealed instrument remain effective.

Key Provisions

The main sections of the Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 2) (the Determination) establish the criteria and circumstances under which individuals are considered adversely affected by the specified major disaster, which is the severe weather, heavy rainfall and associated flooding that began on 22 February 2022 in Queensland, affecting numerous local government areas. Section 4(2) of the Determination outlines the specific circumstances that qualify a person as adversely affected, such as being seriously injured as a direct result of the disaster, being an immediate family member of someone killed as a direct result of the disaster, having a principal place of residence that has been destroyed or suffered major damage, or experiencing the destruction or major damage of a major asset as a result of the disaster (section 4(2)(a)-(d)). Additionally, a person who is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c), or (d) apply is also considered adversely affected (section 4(2)(e)). These criteria are crucial for determining eligibility for the Australian Government Disaster Recovery Payment (AGDRP). The Determination imposes several obligations and requirements on the parties it governs. Firstly, it specifies the detailed circumstances under which an individual can be considered adversely affected by the disaster, thereby qualifying them for the AGDRP. It also mandates the repeal of the previous Determination (No. 1) and ensures that any actions taken under that repealed Determination remain in effect (sections 5 and 6). The definitions provided in section 3 of the Determination are essential for interpreting the terms used in the qualification criteria. For instance, it defines terms such as "destroyed", "immediate family member", "major asset or assets", "major damage", and "seriously injured", which are critical for accurately assessing eligibility. The Determination does not explicitly outline specific offences, penalties, or consequences for breach, as it primarily focuses on establishing eligibility criteria for the AGDRP. However, any failure to adhere to the criteria or misapplication of the Determination could potentially lead to legal scrutiny or disputes over the payment of the AGDRP. Given the nature of the Determination as a legislative instrument, there are no stipulated civil or criminal penalties within the document itself, but any breaches in the application of the Social Security Act 1991 or the Determination could be subject to existing laws governing social security payments and administrative processes.