Explanatory Statement
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/019) Determination 2024 (No. 3)
- The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to a person 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 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.
- 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.
- 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.
- The Minister has made a determination under subsection 36(1) of the Act that applies only to the severe storms and flooding which commenced on 24 December 2023 in Queensland, and which are affecting 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 Ashmore Biggera Waters Bonogin Burleigh Heads Burleigh Waters Carrara Clagiraba Coombabah Coomera Currumbin Waters Elanora Gaven Gilston Guanaba Helensvale Hollywell Hope Island Kingsholme Labrador Lower Beechmont Maudsland Merrimac Mount Nathan Mudgeeraba Nerang Ormeau Oxenford Pacific Pines Palm Beach Paradise Point Parkwood Pimpama Reedy Creek Robina Runaway Bay Southport Springbrook
Tallai Tallebudgera Tugun Upper Coomera Varsity Lakes Willow Vale Wongawallan Worongary |
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City of Logan
| Cedar Creek Cedar Grove Cedar Vale Eagleby Flagstone Glenlogan Jimboomba Logan Village Mundoolun Riverbend Tamborine Veresdale Woodhill |
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Scenic Rim Region | Beaudesert Beechmont Gleneagle Tamborine Tamborine Mountain Veresdale |
7. The Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding– December 2023 to January 2024) (LIN 24/019) Determination 2024 (No. 3) (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 immediately after 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 flooding that commenced on 24 December 2023, and continued into January 2024 in Queensland, affecting the suburbs mentioned 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 24/013) Determination 2024 (No.2) 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 24/013) Determination 2024 (No. 2) continues to have effect as if it was done under this Determination. The Determination in effect expands the number of suburbs identified as being affected by the major disaster by adding an additional 26 suburbs.
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. 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.