EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment— Victorian Bushfires) Determination 2020 (No. 15)
Social Security Act 1991
Issued by authority of the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management
- The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians 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 purposes of 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 in relation to the disaster.
- Subsection 1061L(2) of the Act provides that the Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster.
- Section 36 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.
- The Minister made a determination under section 36(1) of the Act that applies to the bushfires occurring in November and December 2019, and January and February 2020 in Victoria, affecting the local government areas of Alpine, East Gippsland, Towong and Wodonga.
- The Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No.15) (the Determination) gives effect to the disaster referred to above and sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
- Section 1 of the instrument specifies the name of the instrument. Subsection 1(2) provides that the Determination may also be cited as LIN 20/096. This is an internal reference for the Department of Home Affairs.
- Section 2 provides that the instrument commences on the day it is signed. For the purposes of section 12 of the Legislation Act 2003, the instrument may commence before it is registered as it will not disadvantage any persons adversely affected by the major disaster.
- Section 3 of the instrument contains definitions relevant to the instrument.
- Subsection 4(1) of the instrument provides that the instrument applies to the major disaster being the bushfire occurring in November and December 2019 and January and February 2020 in Victoria, affecting the local government areas of Alpine, East Gippsland, Towong and Wodonga.
- Subsection 4(2) of the instrument provides that the circumstances in which a person will be taken to be adversely affected by the major disaster described in subsection 4(1) are where:
- the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
- the person is an immediate family member of an Australian who is killed as a direct result of the disaster (paragraph 4(2)(b)); or
- 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
- a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or
- the person is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)).
- The terms ‘destroyed’, ‘immediate family member’, ‘major asset or assets’, ‘major damage’, ‘principal place of residence’ and ‘seriously injured’ are defined in section 4 of instrument.
- Section 5 of the instrument operates to repeal Social Security (Australian Government disaster recovery payment—Victorian Bushfires) Determination 2020 (No. 11).
- Section 6 of the instrument provides that anything done under the Social Security (Australian Government disaster recovery payment—Victorian Bushfires) Determination 2020 (No. 11) continues to be in effect as if it had been done under this instrument.
- Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument. However, this instrument 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 the instrument.
- Formal consultation has not been undertaken as the instrument was required to commence as a matter of urgency.
Overview
The Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 15) was enacted to address the urgent need for financial support for individuals adversely affected by the major disaster that was the bushfires in Victoria during November and December 2019, and January and February 2020. This legislation was introduced by the Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management under section 1061K of the Social Security Act 1991, which specifies the qualification criteria for the Australian Government Disaster Recovery Payment (AGDRP). The policy objective of this determination is to ensure that eligible individuals receive immediate financial assistance to help them recover from the devastating impacts of the bushfires.
The determination outlines the specific circumstances in which a person is considered to be adversely affected by the disaster, including being seriously injured, being an immediate family member of someone killed, having their principal place of residence or major assets destroyed or significantly damaged, or being a principal carer of an affected child. This determination provides clarity and expedites the distribution of necessary financial aid to those in need, ensuring that the AGDRP is accessible to those who have suffered the most from this natural disaster. The instrument is not subject to disallowance by the Parliament, reflecting the urgency of the situation and the necessity for prompt action to support affected individuals.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 15) applies to individuals who have been adversely affected by the bushfires that occurred in November and December 2019 and January and February 2020 in specific local government areas of Victoria, namely Alpine, East Gippsland, Towong, and Wodonga. This determination is made under the Social Security Act 1991 and specifies the circumstances in which a person is considered to be adversely affected by the major disaster, such as being seriously injured, being an immediate family member of a deceased individual, having their principal residence destroyed or severely damaged, or experiencing the destruction or major damage of a major asset as a direct result of the disaster. This instrument provides clarity and operational guidance for the Australian Government Disaster Recovery Payment (AGDRP), which is a one-off payment intended to provide immediate relief to those impacted by the disaster. The Determination does not require disallowance by the Parliament, as it is exempt from certain legislative scrutiny processes, allowing for a swift response to the emergency.
The scope of the instrument is confined to the specified bushfires in the mentioned Victorian regions and does not extend to other disasters or areas unless further determinations are made. It also repeals a previous determination, ensuring that the most current provisions govern the AGDRP for the Victorian bushfires. Notably, the instrument is effective immediately upon signing and does not disadvantage any adversely affected persons, as formal consultation was bypassed due to the urgency of the situation. This determination plays a crucial role in ensuring that eligible individuals receive the necessary support swiftly and efficiently during a time of crisis.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2020 (No. 15) are sections 4 and 5. Section 4 specifies the circumstances in which a person will be considered to be 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 damaged, having major assets destroyed or damaged, or being a principal carer of a child affected by the disaster. Section 5 repeals the previous Determination (No. 11) and ensures that actions taken under the repealed Determination continue to be valid under this new Determination. This legislation aims to clarify and streamline the process for determining eligibility for the Australian Government Disaster Recovery Payment in the context of the specified bushfires in Victoria.
The Act imposes obligations on both the government and the individuals affected by the disaster. The government is required to provide an immediate, one-off payment to those who meet the criteria set out in the Determination. For individuals, the primary obligation is to provide accurate and truthful information about their circumstances to qualify for the payment. This includes demonstrating how they have been adversely affected by the disaster in accordance with the criteria specified in section 4. Failure to provide truthful information or providing false information could result in the denial of the payment and possible legal consequences.
The Determination does not explicitly outline specific offences or penalties for breaches within the text provided. However, under the Social Security Act 1991, providing false information or fraud in the context of social security payments can lead to serious legal consequences. Offences related to fraud can result in both criminal and civil penalties. Criminally, an individual could face imprisonment, fines, or both, depending on the severity of the offence. Civilly, the individual may be required to repay the amount received plus interest, and may face additional financial penalties. The maximum penalties would depend on the specific provisions of the Social Security Act 1991 and any other relevant legislation.