Social Security (Australian Government Disaster Recovery Payment— Victorian floods – October 2022) Determination 2022 (No. 10)

Administered by Department of Home Affairs

Legislation au F2022L01740 In force Legislative Instrument

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Explanatory Statement

Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 (No. 10)

 

Social Security Act 1991

 

Issued by authority of the Minister for Emergency Management

 

  1.           The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to a person adversely affected by a major disaster.
  2.           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’.
  3.           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.
  4.           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.
  5.           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.
  6.            The Minister has made a determination under subsection 36(1) of the Act that applies only to the storms and flooding that commenced on 6 October 2022 in Victoria affecting the local government areas of Benalla, Boroondara, Buloke, Campaspe, Central Goldfields, Corangamite, Gannawarra, Golden Plains, Greater Bendigo, Greater Shepparton, Hepburn, Loddon, Macedon Ranges, Maribyrnong, Maroondah, Melbourne, Mitchell, Mildura, Moira, Moonee Valley, Mornington Peninsula, Mount Alexander, Murrindindi, Northern Grampians, Pyrenees, Southern Grampians, Strathbogie, Swan Hill, Wangaratta, Yarra and Yarra Ranges.
  7.  The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 (No. 10) (the Determination) sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
  8.           Section 1 specifies the name of the Determination.
  9.           Section 2 provides that the Determination commences on the day 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.
  10.       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.
  11.       Subsection 4(1) provides that the Determination applies to the major disaster being the storms and flooding that commenced on 6 October 2022 in Victoria affecting the local government areas of Benalla, Boroondara, Buloke, Campaspe, Central Goldfields, Corangamite, Gannawarra, Golden Plains, Greater Bendigo, Greater Shepparton, Hepburn, Loddon, Macedon Ranges, Maribyrnong, Maroondah, Melbourne, Mitchell, Mildura, Moira, Moonee Valley, Mornington Peninsula, Mount Alexander, Murrindindi, Northern Grampians, Pyrenees, Southern Grampians, Strathbogie, Swan Hill, Wangaratta, Yarra and Yarra Ranges.
  12.       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 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 principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)).

13.         Section 5 of the Determination provides that Social Security (Australian Government Disaster Recovery Payment – Victorian floods – October 2022) Determination 2022 (No. 9) is repealed, as enabled under section 33(3) of the Acts Interpretation Act 1901.

14.         Section 6 provides that despite the operation of section 5, anything done under the Social Security (Australian Government Disaster Recovery Payment – Victorian floods – October 2022) Determination 2022 (No. 9) continues to have effect.

15.         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.

16.         Formal consultation has not been undertaken as the Determination was required to commence as a matter of urgency.

 

Overview

The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 (No. 10) was introduced to address the immediate needs of individuals adversely affected by the storms and flooding in Victoria in October 2022. Enacted by the Minister for Emergency Management under the Social Security Act 1991, this Determination outlines the criteria for the Australian Government Disaster Recovery Payment (AGDRP), ensuring that eligible individuals receive timely financial support. The policy objective is to provide an immediate, one-off payment to those who have suffered significant losses due to the disaster, thereby facilitating quicker recovery and support for affected communities. The Determination, which commenced on the day it was signed, specifies the circumstances under which a person is considered adversely affected, including serious injury, loss of an immediate family member, destruction or major damage to their principal place of residence, loss of major assets, or being a principal carer of an affected child.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 (No. 10) applies to individuals who have been adversely affected by the storms and flooding that began on 6 October 2022 in Victoria. This adverse impact is defined under the Social Security Act 1991, which specifies that a person is adversely affected if they have been seriously injured, are an immediate family member of a victim killed in the disaster, have lost their principal place of residence or a major asset due to the disaster, or are a principal carer of a child affected by these circumstances. The scope of the legislation is geographically limited to the local government areas of Benalla, Boroondara, Buloke, and several others specified in the Determination. The Determination sets out the specific criteria for eligibility under the Australian Government Disaster Recovery Payment, which is designed to provide immediate relief to those affected by the disaster. The Determination is a legislative instrument under the Act and, as such, is not subject to disallowance by the Parliament, ensuring its immediate effect. Despite the Determination repealing the previous version (No. 9), actions taken under the earlier version continue to have effect.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 (No. 10) sets out specific circumstances in which individuals are considered to be adversely affected by the major disaster, as defined under section 1061K of the Social Security Act 1991. This Determination applies to the storms and flooding that occurred in Victoria from 6 October 2022, specifically affecting the local government areas listed in section 4(1). Under this Determination, a person is considered adversely affected if they meet any of the criteria specified in section 4(2). These include being seriously injured as a direct result of the disaster, being an immediate family member of someone killed due to the disaster, having their principal place of residence destroyed or significantly damaged, or having major assets destroyed or significantly damaged. Additionally, it includes being a principal carer of a child who meets any of the aforementioned criteria. The Determination imposes specific obligations on individuals who seek to claim the Australian Government Disaster Recovery Payment (AGDRP) under these circumstances. Claimants must provide evidence that they meet one or more of the criteria set out in section 4(2), such as medical certificates for injuries, death certificates for immediate family members, and property damage assessments. This evidence is crucial for the Social Security Department to assess eligibility and process the payment. Claimants must also ensure that they comply with any additional requirements specified by the Minister or relevant authorities, such as providing identification or residency documentation. Failure to comply with the requirements of the Determination can result in significant consequences. While the Determination itself does not explicitly outline penalties for non-compliance, the Social Security Act 1991 includes provisions that allow for the imposition of fines or other penalties for providing false or misleading information in relation to claims. The Act also provides for the recovery of any payments made in error, which could result in financial liability for claimants who do not meet the eligibility criteria. These potential penalties underscore the importance of accuracy and honesty in the claims process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.