EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 4)
Social Security Act 1991
Issued by authority of the 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 weather, heavy rainfall and associated flooding that commenced on 22 February 2022 in Queensland affecting the local government areas of Brisbane, Bundaberg, Fraser Coast, Gladstone, Gold Coast, Goondiwindi, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, Toowoomba and Western Downs.
- The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 4) (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 weather, heavy rainfall and associated flooding that commenced on 22 February 2022 in Queensland affecting the local government areas of Brisbane, Bundaberg, Fraser Coast, Gladstone, Gold Coast, Goondiwindi, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, Toowoomba and Western Downs.
- 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)).
- Section 5 of the Determination provides that the Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No.3) is repealed, as enabled under section 33(3) of the Acts Interpretation Act 1901.
- Section 6 provides that despite the operation of section 5, anything done under the Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No.3) continues to be in effect.
- 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—South East Queensland floods) Determination 2022 (No. 4) was enacted to address the urgent need for financial assistance for Australians adversely affected by the severe weather, heavy rainfall, and associated flooding that commenced on 22 February 2022 in Queensland. This determination is a response to the significant impact of the disaster on individuals in the local government areas of Brisbane, Bundaberg, Fraser Coast, Gladstone, Gold Coast, Goondiwindi, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, Toowoomba, and Western Downs. The policy objective is to provide immediate financial relief to those who have been seriously injured, lost immediate family members, or experienced destruction or major damage to their homes or major assets as a result of the disaster.
The determination was issued by authority of the Minister for Emergency Management and National Recovery and Resilience and was necessitated by the urgent need to provide financial support to those affected by the disaster. The Social Security Act 1991 provides the framework for the Australian Government Disaster Recovery Payment, and the determination specifies the circumstances under which a person will be considered adversely affected by the disaster. The determination outlines the criteria for eligibility, including serious injury, loss of immediate family members, destruction or major damage to residences or assets, and carer responsibilities for affected children. The urgency of the situation meant that formal consultation was not possible, and the determination was required to commence immediately to ensure timely assistance to those in need.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 4) applies to individuals who have been adversely affected by the severe weather, heavy rainfall, and associated flooding that commenced on 22 February 2022 in Queensland, specifically affecting the local government areas of Brisbane, Bundaberg, Fraser Coast, Gladstone, Gold Coast, Goondiwindi, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, Toowoomba, and Western Downs. This determination is an integral part of the broader framework provided under Section 1061K of the Social Security Act 1991, which outlines the criteria for receiving the Australian Government Disaster Recovery Payment (AGDRP). The Act mandates that to qualify for the AGDRP, a person must be adversely affected by a major disaster, a term defined by the Minister in relation to the specific disaster event. This determination clarifies the circumstances under which a person is deemed to be adversely affected, including being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or majorly damaged, or experiencing significant damage to major assets. The Determination does not require formal consultation as it was enacted with urgency to support those affected by the disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 4) (the Determination) include sections 4 and 5. Section 4(1) specifies that the Determination applies to the severe weather, heavy rainfall, and associated flooding that commenced on 22 February 2022 in Queensland, affecting certain local government areas. Section 4(2) then outlines the circumstances in which a person will be considered to be adversely affected by the disaster, such as being seriously injured, being a family member of someone killed, having a destroyed or significantly damaged principal residence, or having major assets destroyed or damaged. Section 5 repeals the previous Determination (No. 3) and ensures that actions taken under the repealed Determination remain in effect.
The Determination imposes specific obligations on both the Minister and individuals affected by the disaster. For the Minister, it mandates the determination of the circumstances under which a person is adversely affected by the disaster, which is critical for eligibility under the Australian Government Disaster Recovery Payment (AGDRP). For affected individuals, it requires them to meet the criteria outlined in Section 4(2) to qualify for the AGDRP. These criteria include providing evidence of serious injury, death of an immediate family member, destruction or significant damage to their principal residence, or major damage to their assets.
The Determination does not explicitly state any offences, penalties, or civil or criminal consequences for breach. However, it is implied that failure to meet the eligibility criteria or providing false information could result in disqualification from receiving the AGDRP. This would mean that affected individuals who do not meet the criteria or provide misleading information would not be eligible for the payment. The Determination operates under the authority of the Social Security Act 1991 and is not subject to disallowance by the Parliament, as stated in section 1061L(3) of the Act.