Explanatory Statement
Issued by authority of the Acting Minister for Emergency Management
Social Security Act 1991
Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2)
- 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 disaster in a way determined by the Minister for the disaster.
- 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 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 tropical cyclone Jasper that crossed into Queensland on 13 December 2023 and brought severe weather and flooding that continued in December 2023, affecting the local government areas of Cairns, Cassowary Coast, Cook, Douglas, Hope Vale, Mareeba, Tablelands, Wujal Wujal and Yarrabah.
- The Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2) (the Determination) sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
- Section 1 specifies the name of the Determination.
- 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 disaster.
- 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.
- Subsection 4(1) provides that the Determination applies to the major disaster being the tropical cyclone Jasper that crossed into Queensland on 13 December 2023 and brought severe weather and flooding that continued in December 2023, affecting the local government areas of Cairns, Cassowary Coast, Cook, Douglas, Hope Vale, Mareeba, Tablelands, Wujal Wujal and Yarrabah..
- 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 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 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 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 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 repeals the previous instrument made under section 1061L(2) for this disaster, the Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/092) Determination 2023 (No. 1), as enabled under section 33(3) of the Acts Interpretation Act 1901.
14. 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.
15. 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 OIA23-06264. 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—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2) was enacted in 2023 to provide urgent financial assistance to individuals adversely affected by Tropical Cyclone Jasper, which impacted Queensland in December 2023. This determination was made under the authority of the Minister for Emergency Management, as provided by the Social Security Act 1991, to address the immediate needs of those affected by the disaster. The objective of the Determination is to ensure that eligible individuals receive the Australian Government Disaster Recovery Payment to help mitigate the financial hardship resulting from the cyclone. The determination specifies the criteria for being considered adversely affected, such as being seriously injured, losing a principal place of residence, or having major assets destroyed or damaged due to the disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2) applies to individuals who have been adversely affected by Tropical Cyclone Jasper, which impacted Queensland in December 2023. This legislation specifically addresses the circumstances under which a person is considered to be adversely affected by the major disaster, as outlined in section 4 of the Determination. The criteria for being adversely affected include being seriously injured, being an immediate family member of a missing or deceased Australian citizen or resident, having a principal place of residence destroyed or severely damaged, experiencing the destruction or major damage of a major asset, or being a carer of a child meeting any of the aforementioned criteria. The Determination is applicable to the local government areas of Cairns, Cassowary Coast, Cook, Douglas, Hope Vale, Mareeba, Tablelands, Wujal Wujal, and Yarrabah. It is important to note that this legislation does not apply to any other events or areas outside the specified parameters of the tropical cyclone and its affected regions. Furthermore, the Determination is not subject to disallowance by the Parliament, as it is exempt from the provisions of section 42 of the Legislation Act 2003.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2) (the Determination) are Section 2, which specifies that the Determination commences immediately after it is signed, and Section 4, which provides the circumstances under which a person is to be considered adversely affected by the major disaster. Section 2 ensures that the Determination takes effect without delay, while Section 4 outlines specific conditions for adverse effects, such as being seriously injured, being an immediate family member of a missing or deceased person, or experiencing destruction or major damage to a principal place of residence or major assets as a direct result of the disaster.
The Determination imposes obligations on affected individuals to meet the specified criteria in order to qualify for the Australian Government Disaster Recovery Payment (AGDRP). Specifically, individuals must demonstrate that they meet at least one of the outlined circumstances in Section 4, such as being seriously injured, being an immediate family member of a missing or deceased person, or experiencing significant damage to their principal place of residence or major assets. These obligations ensure that the AGDRP is provided only to those who have been genuinely impacted by the disaster in a manner determined by the Minister.
For those who fail to meet the criteria or provide false information in their application, there are potential consequences. While the Determination itself does not explicitly state penalties, the Social Security Act 1991 (the Act) provides for civil and criminal penalties for providing false or misleading information to obtain benefits. The Act allows for fines and imprisonment, with specific penalties varying depending on the severity of the offence. Therefore, any breach of the obligations or misrepresentation of facts may result in legal action under the Act.
In summary, the Determination establishes the criteria for qualifying for the AGDRP related to Tropical Cyclone Jasper, imposes obligations on individuals to meet specific adverse effects, and implies potential civil and criminal penalties for those who do not comply with the Act’s requirements or provide false information. The urgent nature of the Determination and its immediate commencement highlight the necessity of timely support for those affected by the disaster.