Overview

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 6) was enacted to address the urgent need for financial assistance for individuals adversely affected by the severe storms and associated flooding in Victoria between 9 June 2021 and 17 June 2021. This Determination was issued under the authority of the Minister for Agriculture, Drought, and Emergency Management in accordance with the Social Security Act 1991. The primary policy objective of this legislation is to provide an immediate, one-off payment to those who have suffered significant adverse impacts from the disaster, thereby facilitating their recovery. The Minister determined that the event was a major disaster that warranted a government response, and the Determination outlines specific circumstances under which an individual is considered adversely affected, such as being seriously injured, losing an immediate family member, or experiencing the destruction or major damage to their principal place of residence or major assets. This Determination ensures that those affected by the disaster can access necessary support without delay.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 6) provides financial assistance to individuals who have been adversely affected by the severe storms and associated flooding that occurred in Victoria between 9 June 2021 and 17 June 2021. This Determination applies specifically to the local government areas of Hepburn, Latrobe, Moorabool, and Yarra Ranges. To qualify for the Australian Government Disaster Recovery Payment (AGDRP), an individual must meet the criteria set out in the Determination, such as being seriously injured, losing a principal place of residence, or experiencing significant damage to major assets as a direct result of the disaster. This Determination is an extension of the Social Security Act 1991 and operates under the authority of the Minister for Agriculture, Drought, and Emergency Management. The Determination is a legislative instrument and, under the Act, is not subject to disallowance by the Parliament. It is designed to provide immediate support and does not require formal consultation due to the urgency of the situation.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 6) (the Determination) sets out the circumstances under which individuals can be considered adversely affected by the major disaster caused by the severe storms and associated flooding in Victoria from 9 June 2021 to 17 June 2021. This is particularly relevant for those in the local government areas of Hepburn, Latrobe, Moorabool, and Yarra Ranges. Subsection 4(2) of the Determination lists specific criteria for adverse effects, including serious injury, loss of an immediate family member, destruction or major damage to one's principal residence, major asset damage, or being a principal carer of an affected child (subsection 4(2)(a)-(e)). The Determination imposes obligations on both the government and individuals. For the government, it mandates the immediate implementation of the Disaster Recovery Payment to those meeting the specified criteria (subsection 4(2)). For individuals, it requires them to provide evidence substantiating their claim of adverse effects as defined in the Determination. This evidence could include medical reports, police reports, or other documentation supporting their claim (subsection 1061K(1)). Failure to comply with the requirements set out in the Determination can lead to legal consequences. While the Determination itself does not explicitly state penalties for non-compliance, the underlying Social Security Act 1991 (the Act) provides for various sanctions. Under section 1061P of the Act, individuals who knowingly make a false statement or provide false information to obtain the payment could face a penalty of up to 50 penalty units, which is currently AUD 5,300 (subsection 1061P(1)). Additionally, under section 1061Q, individuals who are found to have intentionally contravened the Act may be subject to prosecution, which could result in fines of up to 100 penalty units, or imprisonment for up to two years, or both (subsection 1061Q(1)). The Determination also includes provisions to ensure its timely application. According to section 2, the Determination commences on the day it is signed, and for the purposes of section 12 of the Legislation Act 2003, it may commence before it is registered, as it will not disadvantage any persons adversely affected by the disaster. This urgency reflects the immediate need for assistance following a major disaster. However, despite its urgency, the Determination is not subject to disallowance by the Parliament as per subsection 1061L(3) of the Act, which excludes section 42 of the Legislation Act 2003 from applying to this Determination. In summary, the Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 6) is a critical legislative instrument designed to swiftly provide financial assistance to those adversely affected by the severe storms and associated flooding in Victoria. It outlines clear criteria for eligibility, imposes obligations on both claimants and the government, and includes provisions to ensure its prompt implementation. While it does not explicitly state penalties for non-compliance, the associated risks of prosecution and fines under the Social Security Act 1991 underscore the seriousness of adhering to its stipulations.