Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding—December 2023 to January 2024) (LIN 24/013) Determination 2024 (No. 2)

Administered by Department of Home Affairs

Legislation au F2024L00071 Not in force Legislative Instrument

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Explanatory Statement

Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/013) Determination 2024 (No. 2)

 

Social Security Act 1991

 

Issued by authority of the Minister for Emergency Management

 

  1.           The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to a person 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 Act, a person is adversely affected by a major disaster if the person is affected by the major disaster in a way determined by the Minister.
  4.           Subsection 1061L(2) of the Act provides that the Minister may determine in writing, for a major disaster, the circumstances in which persons are to be taken to be adversely affected by the major disaster.
  5.           Subsection 36(1) 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, or the event is an emergency to which a national emergency declaration relates.
  6.           The Minister has made a determination under subsection 36(1) of the Act that applies only to the severe storms and associated flooding which commenced on 24 December 2023 and continued through to 12 January 2024 (inclusive) in Queensland, which has affected a number of suburbs within three local government areas.  These suburbs are specified in the table below.

Local Government Area

Suburb

City of Gold Coast

Arundel

Biggera Waters

Bonogin

Clagiraba

Coombabah

Coomera

Gaven

Guanaba

Helensvale

Hollywell

Labrador

Lower Beechmont

Maudsland

Mount Nathan

Mudgeeraba

Nerang

Oxenford

Pacific Pines

Paradise Point

Pimpama

Runaway Bay

Springbrook

Tallai

Upper Coomera

Wongawallan

Worongary

 

 

 

 

 

 

 

 

 

City of Logan

 

 

 

 

Cedar Creek

Cedar Grove

Cedar Vale

Flagstone

Jimboomba

Mundoolun

Tamborine

Woodhill

 

 

Scenic Rim Region

Beechmont

Gleneagle

Tamborine

Tamborine Mountain

 

7.   The Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/013) Determination 2024 (No. 2) (the Determination) sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.

8.             Section 1 specifies the name of the Determination.

9.             Section 2 provides that the Determination commences on the day it is signed. For 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 major disaster.

10.         Section 3 provides definitions relevant to the Determination, including destroyed, immediate family member, major asset or assets, major damage and seriously injured and principal place of residence.

11.         Subsection 4(1) provides that the Determination applies to the major disaster being the severe storms and associated flooding that commenced on 24 December 2023, and continued through to 12 January 2024 (inclusive) in Queensland, affecting the suburbs listed in the Schedule.

12.         Subsection 4(2) provides that the circumstances in which a person is taken to be adversely affected by the major disaster described in subsection 4(1) are if:

(a) the person is seriously injured as a direct result of the major disaster (paragraph 4(2)(a)); or

(b) the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the major disaster (paragraph 4(2)(b)); or

(c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the major disaster (paragraph 4(2)(c)); or

(d) a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the major disaster; or

(e) the person is a 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 Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/007) Determination 2024 (No. 1) 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 Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/007) Determination 2024 (No. 1) continues to have effect as if it was done under this Determination.

15.         Schedule 1 identifies the suburbs that are affected by the major disaster and the local government areas they fall within, including the City of Gold Coast, City of Logan and the Scenic Rim Region.

16.         Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument. However, the Determination 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 it.

17.         Formal consultation has not been undertaken as the Determination was required to commence as a matter of urgency.

18.         The Office of Impact Analysis was consulted prior to making this instrument and advised that an impact analysis was not required. The OIA reference number is OIA24-06318. No further formal consultation was 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 Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/013) Determination 2024 (No. 2) was enacted in 2024 to address the urgent need for financial assistance for individuals adversely affected by the severe storms and flooding that occurred in South East Queensland between December 2023 and January 2024. This determination was issued by the Minister for Emergency Management under the Social Security Act 1991. The primary objective is to provide an immediate, one-off payment to those who have suffered significant impacts from the disaster, including those who have been seriously injured, lost immediate family members, or experienced substantial damage to their homes or major assets. The determination clarifies the circumstances under which individuals qualify for the Australian Government Disaster Recovery Payment, ensuring that those most in need receive timely support.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/013) Determination 2024 (No. 2) applies to individuals adversely affected by the severe storms and associated flooding in specific suburbs within the City of Gold Coast, the City of Logan, and the Scenic Rim Region in Queensland between 24 December 2023 and 12 January 2024. The Determination is made under section 1061L of the Social Security Act 1991, which empowers the Minister to specify the circumstances in which a person is considered adversely affected by a major disaster. A person qualifies for the Australian Government Disaster Recovery Payment if they meet any of the following criteria: they are seriously injured as a direct result of the disaster, they are an immediate family member of a missing or deceased Australian citizen or resident killed by the disaster, their principal place of residence has been destroyed or severely damaged, their major assets have been destroyed or severely damaged, or they are a carer for a child who meets any of the aforementioned criteria. The Determination does not apply to any other disasters or to persons outside the specified suburbs and local government areas. The Determination is a legislative instrument under the Social Security Act 1991 and is not subject to disallowance by Parliament as per subsection 1061L(3) of the Act. The urgency of the situation precluded formal consultation, and the Office of Impact Analysis was consulted prior to the making of the instrument, which advised that an impact analysis was not necessary. The Determination is intended to provide immediate relief to those most impacted by the disaster.

Key Provisions

The primary operative sections of the Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/013) Determination 2024 (No. 2) (referred to as the Determination) are outlined in sections 2 to 6. Section 2 states that the Determination commences on the day it is signed, with the commencement being effective before registration, ensuring no disadvantage to persons adversely affected by the disaster. Section 3 provides essential definitions, including terms such as 'destroyed', 'immediate family member','major asset or assets', 'major damage', and 'seriously injured'. Section 4 specifies the application of the Determination to the major disaster, detailing the circumstances under which a person is considered 'adversely affected'. Section 5 repeals the earlier determination (Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/007) Determination 2024 (No. 1)) while ensuring that actions taken under the repealed determination continue to be effective. Section 6 further clarifies that despite the repeal, actions taken under the earlier determination retain their effect as if they were taken under this Determination. The Determination imposes specific obligations and requirements on the parties it governs. It mandates that the Minister determine the circumstances in which a person is adversely affected by the major disaster, as outlined in section 4. This includes being seriously injured, being an immediate family member of someone missing or killed, having a principal place of residence destroyed or significantly damaged, having a major asset destroyed or significantly damaged, or being a carer for someone affected by these circumstances. The Determination also specifies that it applies only to the severe storms and associated flooding that occurred in certain Queensland suburbs from 24 December 2023 to 12 January 2024. Additionally, it repeals the previous determination but ensures continuity of actions taken under the repealed determination. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the nature of the Determination suggests that non-compliance with its provisions could result in the ineligibility for the Australian Government Disaster Recovery Payment, which is a significant consequence for affected individuals. The Determination is not subject to disallowance by the Parliament, as stipulated in the Social Security Act 1991, and no formal consultation was undertaken due to the urgent nature of the disaster response. The Office of Impact Analysis advised that an impact analysis was not required for this Determination.

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