EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 6)
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 Balonne, 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 Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 6) (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 Balonne, 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.
- 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.5) 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.5) 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. 6) was enacted to address the urgent need for financial assistance to individuals severely impacted by the major disaster declared in response to the severe weather, heavy rainfall, and associated flooding that began on 22 February 2022 in Queensland. This legislation complements the Social Security Act 1991, providing specific criteria for determining eligibility for the Australian Government Disaster Recovery Payment (AGDRP) for those affected by the disaster in the specified local government areas. Issued by the Minister for Emergency Management and National Recovery and Resilience, the primary policy objective of this determination is to ensure swift and effective financial support to those who have suffered significant losses due to the disaster, thereby facilitating their recovery efforts. The determination outlines the circumstances under which individuals are considered adversely affected, including serious injury, loss of life, property destruction, or significant damage to major assets. This determination ensures that the AGDRP is available to those most in need, providing a crucial support mechanism in the aftermath of the disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 6) 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, the Determination is applicable to those residing in the designated local government areas, including Balonne, Brisbane, Bundaberg, Cherbourg, and others. To qualify for the Australian Government Disaster Recovery Payment, a person must meet one of the following criteria: being seriously injured as a direct result of the disaster, being an immediate family member of an Australian killed as a direct result of the disaster, having a principal place of residence destroyed or significantly damaged, having major assets destroyed or significantly damaged, or being a principal carer of a child who meets any of the aforementioned criteria. The Determination does not require formal consultation and is not subject to disallowance by the Parliament, reflecting the urgency of the situation. This Determination repeals the previous determination, No. 5, while ensuring that actions taken under the repealed Determination remain in effect.
Key Provisions
The main sections of the Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 6) outline the criteria and circumstances under which individuals are eligible for the Australian Government Disaster Recovery Payment (AGDRP) due to the floods in South East Queensland. Section 1 specifies the name of the determination, while Section 2 indicates that the determination commences on the day it is signed. Section 3 provides definitions for terms used in the determination such as 'destroyed', 'immediate family member', 'major asset or assets', 'major damage', 'principal place of residence', and 'seriously injured'. Section 4 sets out the specific circumstances that qualify an individual as 'adversely affected' by the disaster, including being seriously injured, being an immediate family member of a deceased individual, having a principal place of residence destroyed or majorly damaged, or being a principal carer of a child affected by the disaster. Section 5 repeals the previous determination, while Section 6 ensures that actions taken under the repealed determination remain valid.
The obligations and requirements imposed by the Determination primarily focus on ensuring that eligible individuals receive the AGDRP. The Minister must determine that a disaster has occurred and that it qualifies as a 'major disaster' under Section 36 of the Social Security Act 1991. Section 1061L(2) requires the Minister to specify the circumstances that deem an individual adversely affected. The determination then outlines the specific conditions that qualify an individual under subsection 4(2). Eligible individuals must provide necessary documentation to substantiate their claims, such as proof of injury, death certificates for immediate family members, evidence of property damage, and carer status. The Social Security department must process these claims and issue payments within a reasonable timeframe.
The Determination also imposes penalties and consequences for any breaches of the Act. Section 1061L(3) clarifies that the determination is a legislative instrument and not subject to disallowance by the Parliament. The Act itself does not specify particular offences or penalties for breaches related to the AGDRP, but general penalties for fraud or misrepresentation under the Social Security Act 1991 may apply. For example, Section 136 of the Act stipulates penalties for providing false or misleading information, which can include fines of up to 5,000 penalty units (currently AUD 530,000) or imprisonment for up to five years, or both, for individuals, and up to 25,000 penalty units (currently AUD 2.65 million) or imprisonment for up to ten years, or both, for bodies corporate. These penalties underscore the seriousness of fraudulent claims and the importance of accurate reporting.