Overview

The Social Security (Australian Government Disaster Recovery Payment—Tasmania Bushfires) Determination 2020 (No. 9) was enacted to provide relief to individuals affected by the bushfires in Tasmania during December 2019 and January 2020. This legislation complements the Social Security Act 1991 by specifying the criteria for eligibility for the Australian Government Disaster Recovery Payment (AGDRP). The determination was issued by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, under the authority granted by the Social Security Act. Its primary policy objective is to ensure that affected individuals receive timely and necessary support following a major disaster, in this case, the bushfires in specific local government areas of Tasmania. The instrument sets out the circumstances under which a person is considered to be adversely affected by the disaster, including direct injury, loss of a family member, destruction or major damage to a person's residence or major assets, and care for affected children. The determination also includes definitions for key terms and specifies that it applies to the bushfires in the designated areas, while repealing a previous determination to streamline the process. This instrument is not subject to disallowance, reflecting the urgency of providing immediate assistance to those in need.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Tasmania Bushfires) Determination 2020 (No. 9) pertains to individuals who have been adversely affected by the bushfires in Tasmania during December 2019 and January 2020, specifically within the local government areas of Break O’Day, Central Highlands, and Southern Midlands. The determination outlines the criteria under which a person can be considered adversely affected by the major disaster, which includes being seriously injured, being an immediate family member of someone killed as a result of the disaster, having a principal place of residence destroyed or severely damaged, or having major assets destroyed or severely damaged due to the disaster. This instrument is a legislative measure under the Social Security Act 1991 and is designed to provide an immediate, one-off payment to those qualifying as adversely affected by the disaster. The instrument's commencement is not contingent upon registration, ensuring timely assistance to those in need. The instrument also specifies that it does not require disallowance by Parliament and supersedes the earlier Social Security (Australian Government Disaster Recovery Payment—Tasmania Bushfires) Determination 2020 (No. 4), while actions taken under the previous determination remain effective as if executed under this new instrument. This legislative instrument is a response to the urgent need for financial assistance following the major disaster, bypassing the formal consultation process due to the necessity for swift implementation.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Tasmania Bushfires) Determination 2020 (No. 9) (the Determination) include sections that specify the criteria for being considered adversely affected by the major disaster, as well as the circumstances under which the payment is applicable. Section 4(2) of the Determination sets out the specific circumstances, such as being seriously injured, being an immediate family member of someone killed in the disaster, having a principal place of residence destroyed or majorly damaged, or having a major asset destroyed or majorly damaged as a direct result of the disaster. Section 5 of the Determination repeals a previous instrument, ensuring that the new provisions take precedence. The Determination imposes certain obligations and requirements on the entities it governs, primarily focusing on the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP). It mandates that to qualify for the payment, individuals must meet specific criteria, such as being directly impacted by the disaster in one of the outlined ways. The instrument also ensures continuity by stating that actions taken under the repealed instrument remain valid under the new Determination, as outlined in Section 6. The Determination does not explicitly outline specific offences or penalties for breaches within the instrument itself. However, the overarching legislation, the Social Security Act 1991, likely includes provisions for penalties and consequences for fraudulent claims or misrepresentation of facts in relation to the AGDRP. These penalties could include fines or imprisonment for serious breaches, although the exact penalties would need to be referred to within the Social Security Act 1991. It is important to note that the Determination itself is not subject to disallowance by the Parliament, as indicated in subsection 1061L(3) of the Act, which excludes it from the application of section 42 of the Legislation Act 2003.