Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 5)

Administered by Department of the Prime Minister and Cabinet

Legislation au F2022L00307 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 5)

Social Security Act 1991

Issued by authority of the Minister for Emergency Management and National Recovery and Resilience

  1. The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
  2. 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”.
  3. 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.
  4. 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.
  5. 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.
  6. 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, Cherbourg, 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.
  7. The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 5) (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.
  8. Section 1 of the Determination specifies the name of the determination.
  9. 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.
  10. Section 3 of Determination contains definitions relevant to the determination.
  11. 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, Cherbourg, 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.
  12. 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:
    1. the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
    2. 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
    3. 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
    4. a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or
    5. the person is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)).
  13. Section 5 of the Determination provides that the Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No.4) is repealed, as enabled under section 33(3) of the Acts Interpretation Act 1901.
  14. 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.4) continues to be in effect.
  15. 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.
  16. 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.
  17. 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. 5) was introduced by the Minister for Emergency Management and National Recovery and Resilience under section 1061L of the Social Security Act 1991 to address the urgent need for financial support for individuals adversely affected by the major disaster resulting from the severe weather, heavy rainfall, and associated flooding that commenced on 22 February 2022 in Queensland. This determination provides a clear framework for eligibility for the Australian Government Disaster Recovery Payment by specifying the circumstances under which a person is considered to be adversely affected by the disaster, thus ensuring that those in need receive timely assistance. This legislation aims to support affected individuals without the delay of formal disallowance procedures, reflecting the urgent nature of the disaster response. The Determination repeals its predecessor, the Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No. 4), while ensuring that actions taken under the repealed determination remain effective.

Scope and Application

The Australian Government Disaster Recovery Payment—South East Queensland floods Determination 2022 (No. 5) 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, Cherbourg, 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 Act defines who is considered adversely affected by a major disaster and provides the Minister with the authority to specify the conditions under which a person is deemed to have been adversely affected. The determination is a legislative instrument that is not subject to disallowance by the Parliament, enabling swift implementation to address the immediate needs of those impacted by the disaster. It repeals the previous determination but ensures that any actions taken under the old determination remain in effect.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 5) (the Determination) provides a framework for the Australian Government Disaster Recovery Payment (AGDRP) in response to the severe weather, heavy rainfall, and associated flooding that commenced on 22 February 2022 in Queensland. This Determination, as specified in Section 1, outlines the circumstances under which individuals are considered adversely affected by the disaster, thus qualifying them for the AGDRP. Section 2 establishes that the Determination commences on the day it is signed, allowing for immediate effect without the need for registration. Section 3 contains definitions pertinent to the determination, including terms such as "destroyed," "immediate family member," "major asset or assets," "major damage," and "seriously injured." Section 4(1) clarifies that the Determination applies to the specified disaster in the affected local government areas, while Section 4(2) lists the circumstances that constitute being adversely affected by the disaster. The Determination imposes obligations on affected individuals to provide evidence of their adverse impact due to the disaster, such as documentation of serious injury, death of an immediate family member, destruction or major damage to their principal place of residence or major assets, or proof of being a principal carer of a child affected by the disaster. Section 5 of the Determination repeals the previous Determination (No. 4), while Section 6 ensures that actions taken under the repealed Determination remain valid. These provisions aim to streamline the process for individuals to access the AGDRP by clearly defining the criteria for eligibility and ensuring continuity of support despite the repeal. Breach of the provisions set out in the Determination could result in administrative or legal consequences. However, the Determination itself does not explicitly state offences, penalties, or civil/criminal consequences for breach. The AGDRP is governed by the Social Security Act 1991, which includes provisions for penalties in cases of fraud or misrepresentation. Under Section 126 of the Social Security Act, individuals who knowingly make false statements or provide false information to obtain benefits can be subject to penalties, including fines of up to $22,200 or imprisonment for up to five years, or both. These penalties underscore the importance of accuracy and honesty in the application process for the AGDRP.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.