Overview

The Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 11) was enacted to address the urgent need for financial assistance to individuals adversely affected by the bushfires in Victoria during November and December 2019 and January 2020, particularly in the local government areas of Alpine, East Gippsland, and Towong. This determination is an instrument under the Social Security Act 1991, issued by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management. The instrument aims to provide clarity and expedite the provision of financial support to those affected by the disaster by outlining specific criteria for qualification under the Australian Government Disaster Recovery Payment. The urgency of the situation meant that formal consultation was bypassed to ensure timely assistance, and the instrument is not subject to disallowance by Parliament as specified in the Social Security Act.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 11) applies to individuals who have been adversely affected by the bushfires that occurred in Victoria from November 2019 to January 2020, specifically within the local government areas of Alpine, East Gippsland, and Towong. This determination is grounded in the Social Security Act 1991, which empowers the Minister to specify circumstances under which a person is considered adversely affected by a major disaster. The Act stipulates that to qualify for the Australian Government Disaster Recovery Payment, a person must meet certain criteria, such as being seriously injured, being an immediate family member of someone killed, having their principal residence destroyed or significantly damaged, or experiencing substantial damage to major assets as a direct consequence of the disaster. Additionally, the determination extends support to principal carers of children who meet the aforementioned criteria. The instrument, which is not subject to disallowance, was enacted with urgency to ensure timely assistance without the need for formal consultation. The determination outlines specific conditions that constitute being adversely affected by the disaster, ensuring that the provision of the Australian Government Disaster Recovery Payment is targeted towards those who have suffered significant impacts. By defining terms such as "destroyed", "immediate family member", "major asset", "major damage", "principal place of residence", and "seriously injured", the instrument provides clarity and precision in its application. Furthermore, the instrument repeals the previous determination (No. 5) while ensuring continuity in the processing of any actions taken under the superseded determination, thereby maintaining the integrity and effectiveness of the disaster recovery process.

Key Provisions

The key provisions of the Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 11) are primarily found in sections 4 and 5 of the instrument. Section 4 specifies the circumstances in which a person is considered adversely affected by the major disaster, which includes being seriously injured, being an immediate family member of someone killed, having one’s principal place of residence destroyed or majorly damaged, having major assets destroyed or majorly damaged, or being a principal carer of a child affected by any of these circumstances (subsection 4(2)). This section provides clarity on the qualification criteria for receiving the Australian Government Disaster Recovery Payment (AGDRP) in the context of the specified bushfires in Victoria. Section 5 repeals the previous determination (Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 5)) and ensures that actions taken under the repealed determination continue to be valid as if they were taken under the current instrument (section 6). The obligations imposed by the Act on the parties involved include the requirement for the Minister to determine whether an event constitutes a 'major disaster' and to specify the circumstances under which a person is adversely affected. The Minister must also make determinations in writing to outline these circumstances, as seen in section 36 and section 1061L of the Social Security Act 1991. The Act further obliges the Minister to issue determinations that provide the criteria for the AGDRP and ensure these are clearly communicated to the affected individuals. The obligations extend to ensuring that the payment process is administered efficiently and that affected persons are correctly identified and assisted. Breaches of the provisions within this Act can result in both civil and criminal consequences. While the explanatory statement does not specify particular offences or penalties, under general Australian law, non-compliance with legislative requirements can lead to fines, imprisonment, or other penalties as determined by the relevant courts. The seriousness of the breach, intent, and impact on affected individuals would be considered in determining the appropriate penalty. Additionally, failure to comply with the Act may result in the invalidation of claims for the AGDRP and potential legal action against the defaulting party. The Act stipulates that determinations made under section 1061L are legislative instruments and are not subject to disallowance by Parliament, as provided in subsection 1061L(3) of the Act.