Social Security (Australian Government Disaster Recovery Payment—Victorian floods - October 2022) Determination 2022

Administered by Department of Home Affairs

Legislation au F2022L01690 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022

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 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.
  4. 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.
  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, or the event is an emergency to which a national emergency declaration relates.
  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 Campaspe, Greater Shepparton, Maribyrnong and Strathbogie.
  7. The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 (the Determination) sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
  8. Section 1 of the Determination specifies the name of the determination. Subsection 1(2) provides that the Determination may also be cited as LIN 22/090. This is an internal reference for the Department of Home Affairs which provides legal and legislative services to the National Emergency Management Agency.
  9. Section 2 provides that the Determination commences on the day it is signed. For the purposes of 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 of the Determination provides the definitions relevant to the determination as follows: 
    1. ‘Destroyed’ means where the damage is so severe that the residence is unliveable and has to be demolished, or if referring to a major asset, is so badly damaged that it is rendered unusable.
    2. ‘immediate family member’, of a person, means:
      1. the person’s partner; or
      2. the person’s natural child, adoptive child or step-child; or
      3. the person’s natural parent, adoptive parent or step-parent; or
      4. the person’s legal guardian; or
      5. the person’s brother, sister, step-brother or step-sister.

  Note This term is used in a different sense to that used in the Act.

c.       ‘major asset’ means an asset, with a market value of at least $20 000, or several assets, with a combined market value of at least $20 000, located at the person’s principal place of residence. Examples include a building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.

d.       ‘major damage’ means:

  1. for a residence:
    1. damage to the interior of the residence; or
    2. that the residence is structurally unsound; or
    3. damage to the residence that exposes the interior of the residence to the elements; or
    4. sewage contamination of the interior of the residence or of the water supply to the residence; or
  2. for a major asset or assets other than a water tank—that it is damaged by the heavy rainfall or by flood waters, to the extent that it needs to be replaced; or
  3. for a major asset that is a water tank—damage to the extent that it needs to be repaired or cleaned, or the water replaced.
  1. ‘seriously injured’ means the person has sustained an injury as a direct result of the disaster and because of that injury they have either been admitted to hospital or would have been admitted to hospital, under normal circumstances.
  2. A place of residence is a person’s ‘principal place of residence’ if:
    1. the person regularly lives at the place with a degree of settled purpose; and
    2. the person has a lawful right to reside at the place; and
    3. the place is not:
      1. a prison or a place of detention; or
      2. a secondary residence used for holidays.

Note It is possible for a person to have more than 1 principal place of residence.

11.          Subsection 4(1) of the Determination 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 Campaspe, Greater Shepparton, Maribyrnong and Strathbogie.

12.          Subsection 4(2) of the Determination 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:

  1. the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
  2. 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
  3. 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
  4. a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or
  5. the person is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)).
  1. The terms ‘destroyed’, ‘immediate family member’, ‘major asset or assets’, ‘major damage’ and ‘seriously injured’ are defined in subsection 3(1) of Determination. Subsection 3(2) defines what a ‘principal place of residence’ is.
  2. 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 Determination.
  3. 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 was enacted to provide immediate financial assistance to individuals adversely affected by the storms and flooding in Victoria that began on 6 October 2022. This determination was issued under the authority of the Minister for Emergency Management and operates in conjunction with the Social Security Act 1991. The primary objective of this determination is to outline the specific circumstances under which a person qualifies as adversely affected by the major disaster, thereby enabling them to receive the Australian Government Disaster Recovery Payment. The determination specifies that a person qualifies if they are seriously injured, are an immediate family member of someone killed, their principal place of residence is destroyed or significantly damaged, or their major assets are destroyed or significantly damaged as a result of the disaster. These definitions and qualifications are crucial for ensuring that the aid is efficiently and fairly distributed to those most in need. The determination was made to address the urgent need for financial support for those affected by the disaster, and it allows for the rapid implementation of the payment without the delay of formal disallowance processes. The policy objective is to provide immediate relief to individuals and families who have been severely impacted by the disaster, facilitating quicker recovery and support during a critical time.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 applies to individuals adversely affected by the storms and flooding that commenced on 6 October 2022 in Victoria, specifically within the local government areas of Campaspe, Greater Shepparton, Maribyrnong, and Strathbogie. This Determination sets out the specific circumstances under which a person qualifies as adversely affected by the major disaster. These circumstances include being seriously injured as a direct result of the disaster, being an immediate family member of an Australian citizen or resident who is killed as a direct result of the disaster, or having one's principal place of residence destroyed or significantly damaged by the disaster, among other criteria. The term 'adversely affected' is defined by the Determination, which also outlines definitions for terms such as 'destroyed', 'immediate family member','major asset', 'major damage', and 'seriously injured'. The Determination, as a legislative instrument, is not subject to disallowance by Parliament and was enacted without formal consultation due to the urgency of the situation.

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 provide clarity on the circumstances under which a person may be considered adversely affected by the major disaster, specifically the storms and flooding in Victoria from 6 October 2022. Section 4(2) of the Determination outlines these circumstances: a person can be adversely affected if they are seriously injured, are an immediate family member of someone killed, if their principal place of residence is destroyed or damaged, or if a major asset is destroyed or damaged. Additionally, a principal carer of a child who meets any of these criteria is also considered adversely affected. These sections are critical as they establish the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP). The Act imposes several obligations and requirements on the parties it governs. Firstly, the Minister for Emergency Management must determine that an event qualifies as a 'major disaster' under section 36(1) of the Social Security Act 1991. Following this, the Minister can make a written determination, as per section 1061L(2), specifying the circumstances under which a person is considered adversely affected by the disaster. The Social Security (Australian Government Disaster Recovery Payment—Victorian floods – October 2022) Determination 2022 details these circumstances and is crucial for ensuring that the AGDRP is distributed to those who genuinely need it. Additionally, applicants must provide evidence to substantiate their claim of being adversely affected by the disaster, such as medical certificates or property damage assessments. Breaching the provisions of this Determination can result in serious consequences. While the Determination itself does not explicitly state penalties for non-compliance, Section 1061L(3) of the Act indicates that the Determination is a legislative instrument, and therefore, any fraudulent claims or misrepresentations could be subject to penalties under the Social Security Act 1991. Generally, fraudulent claims can result in criminal charges, fines, and the requirement to repay the amount received. Given the urgency of the situation, it is paramount that claimants provide accurate and truthful information to avoid potential legal repercussions.

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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.