Overview

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 3) was enacted to address the urgent need for financial assistance for individuals adversely affected by the severe weather, heavy rainfall, and associated flooding that occurred in South East Queensland on 22 February 2022. This determination was issued under the authority of the Minister for Emergency Management and National Recovery and Resilience, aligning with the overarching policy objective of providing immediate relief to those significantly impacted by the disaster. The determination outlines the criteria for being considered adversely affected by the disaster, including being seriously injured, being an immediate family member of someone killed, having a destroyed or severely damaged principal place of residence, or having major assets destroyed or damaged. This legislation ensures that the Australian Government Disaster Recovery Payment is available to those who meet these criteria, reflecting the government's commitment to offering timely support to disaster-affected communities.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 3) applies to individuals who have been adversely affected by the severe weather, heavy rainfall, and associated flooding that commenced on 22 February 2022 in specified local government areas of Queensland. The Determination outlines the circumstances in which a person is considered adversely affected by this major disaster, including being seriously injured or being an immediate family member of an Australian killed as a result of the disaster, among other criteria. The Determination is applicable to those areas explicitly mentioned and does not extend to other regions or disaster events. It specifies that a person is adversely affected if they meet any of the outlined conditions, such as having their principal place of residence destroyed or suffering major damage, or having a major asset destroyed or damaged due to the disaster. The Determination repeals the previous Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No.2) but ensures that actions taken under the repealed determination remain in effect. This legislation is a legislative instrument under the Social Security Act 1991 and is not subject to disallowance by the Parliament.

Key Provisions

The key provisions of the Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 3) detail the circumstances under which an individual may qualify for the Australian Government Disaster Recovery Payment (AGDRP) following the severe weather, heavy rainfall, and associated flooding that occurred in Queensland from 22 February 2022. Section 1061K of the Social Security Act 1991 (the Act) outlines the qualification criteria for the AGDRP, specifying that a person must be "adversely affected by a major disaster." The Determination, as specified in section 4, applies to the local government areas of Brisbane, Fraser Coast, Gladstone, Gold Coast, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, and Toowoomba. Under the Determination, a person is considered adversely affected if they are seriously injured as a direct result of the disaster (subsection 4(2)(a)), if they are an immediate family member of an Australian killed as a result of the disaster (subsection 4(2)(b)), if their principal place of residence has been destroyed or suffered major damage (subsection 4(2)(c)), if a major asset has been destroyed or suffered major damage (subsection 4(2)(d)), or if they are a principal carer of a child who meets any of the aforementioned criteria (subsection 4(2)(e)). The Act imposes specific obligations on the parties involved, primarily ensuring that the Minister for Emergency Management and National Recovery and Resilience determines the circumstances under which individuals are adversely affected by a major disaster. This is encapsulated in subsection 1061L(2) of the Act, which allows the Minister to specify these circumstances in writing. The Minister has already determined that the severe weather and flooding in Queensland from 22 February 2022 qualifies as a major disaster under section 36 of the Act. The Determination provides clarity on the criteria for adversely affected individuals, thereby enabling eligible persons to apply for the AGDRP. Additionally, section 6 of the Determination ensures that actions taken under the previous Determination (No. 2) remain valid, despite the repeal of the earlier instrument under section 33(3) of the Acts Interpretation Act 1901. The Act does not explicitly detail offences, penalties, or civil/criminal consequences for breaches in this context, as the primary focus is on providing relief to those adversely affected by the disaster. However, it is implied that misuse or fraudulent claims for the AGDRP would be subject to the general provisions of the Social Security Act 1991, which include potential penalties for providing false or misleading information. The seriousness of such offences can lead to substantial fines or imprisonment, though specific penalties would be determined by the courts in individual cases. The Determination itself is not subject to disallowance by Parliament, as outlined in subsection 1061L(3) of the Act, which specifies that section 42 of the Legislation Act 2003 does not apply.