Overview

The Social Security (Australian Government Disaster Recovery Payment – Victorian Bushfires) Determination 2019 (No. 24) was enacted in 2019 to address the urgent need for financial support for individuals adversely affected by the bushfires in Victoria during December 2019 and January 2020, specifically in the local government areas of East Gippsland and Towong. This legislation, issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, operates under the Social Security Act 1991. Its policy objective is to provide an immediate, one-off payment to those who are directly impacted by the disaster. The determination outlines the specific circumstances under which a person can be considered adversely affected by the major disaster, such as being seriously injured, being a family member of someone killed, or experiencing significant damage to their principal place of residence. This instrument is a legislative measure exempt from disallowance, reflecting the urgency of the situation.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 24) applies to individuals who have been adversely affected by the bushfires occurring in December 2019 and January 2020 in Victoria, specifically within the local government areas of East Gippsland and Towong. The Act applies to those who are seriously injured as a direct result of the disaster, immediate family members of Australians killed as a direct consequence of the bushfires, individuals whose principal place of residence has been destroyed or significantly damaged, and principal carers of children who meet the criteria in the aforementioned categories. This Determination is a legislative instrument under the Social Security Act 1991 and is not subject to disallowance by Parliament. The Act’s jurisdictional reach is limited to the Commonwealth, specifically targeting those affected by the declared major disaster in Victoria. The Determination does not extend to other areas or disasters unless further determinations are made by the Minister.

Key Provisions

The main sections of the Social Security (Australian Government Disaster Recovery Payment – Victorian Bushfires) Determination 2019 (No. 24) specify the circumstances in which a person can be considered adversely affected by the major disaster of bushfires in December 2019 and January 2020 in Victoria, affecting the local government areas of East Gippsland and Towong. Section 4 of the Determination provides that a person is adversely affected if they are seriously injured as a direct result of the disaster, or if they are an immediate family member of an Australian who is killed as a direct result of the disaster. Additionally, a person will be considered adversely affected if their principal place of residence has been destroyed or has major damage as a direct result of the disaster, or if they are a principal carer of a child to whom paragraphs 4(2)(a), (b) or (c) apply. The obligations and requirements imposed by this Act include the need for individuals to provide evidence of their circumstances in order to qualify for the Australian Government Disaster Recovery Payment. This includes providing evidence of serious injury, death of an immediate family member, destruction or major damage to their principal place of residence, or evidence that they are a principal carer of a child to whom paragraphs 4(2)(a), (b) or (c) apply. The Act also requires the Minister to determine in writing the circumstances in which persons are to be taken to be adversely affected by the major disaster. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in this Act. However, providing false or misleading information in order to qualify for the Australian Government Disaster Recovery Payment may result in civil or criminal penalties under other legislation, such as the Crimes Act 1914. The maximum penalty for providing false or misleading information with the intention of obtaining a benefit or causing a loss may be imprisonment for up to five years or a fine of up to $210,000, or both. It is important to note that this Determination is not subject to disallowance by the Parliament, as subsection 1061L(3) of the Social Security Act 1991 provides that section 42 of the Legislation Act 2003 does not apply to the Determination. Formal consultation was not undertaken as the Determination was required to commence as a matter of urgency. This means that the Determination came into effect immediately upon being signed, without the need for formal consultation or disallowance by the Parliament. Overall, the Social Security (Australian Government Disaster Recovery Payment – Victorian Bushfires) Determination 2019 (No. 24) provides a clear framework for determining who is eligible for the Australian Government Disaster Recovery Payment in the event of the major disaster of bushfires in December 2019 and January 2020 in Victoria, affecting the local government areas of East Gippsland and Towong. It sets out the specific circumstances in which a person can be considered adversely affected by the disaster, and imposes obligations and requirements on individuals to provide evidence of their circumstances in order to qualify for the payment. While there are no specific penalties outlined in the Act for breach, providing false or misleading information may result in civil or criminal penalties under other legislation.