Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 7)

Administered by Department of Home Affairs

Legislation au F2021L00960 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Australian Government Disaster Recovery Payment— Victorian storms and floods) Determination 2021 (No. 7) (LIN 21/054)

Social Security Act 1991

Issued by authority of the Minister for Agriculture, Drought and Emergency Management

  1. The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians 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. 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.
  6. The Minister has made a determination under section 36(1) of the Act that applies only to the severe storms and associated flooding that occurred between 9 June 2021 and 17 June 2021 in Victoria affecting the local government areas of Baw Baw, Cardinia, Hepburn, Latrobe, Moorabool, Mornington Peninsula, South Gippsland, Wellington and Yarra Ranges.
  7. The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 7) (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.
  8. Section 1 of the Determination specifies the name of the determination.
  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 Determination contains definitions relevant to the determination.
  11. Subsection 4(1) of the Determination provides that the Determination applies to the major disaster being the severe storms and associated flooding that occurred between 9 June 2021 and 17 June 2021 in Victoria affecting the local government areas of Baw Baw, Cardinia, Hepburn, Latrobe, Moorabool, Mornington Peninsula, South Gippsland, Wellington and Yarra Ranges.
  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 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)).
  13. Section 5 of the Determination provides that the Social Security (Australian Government Disaster Recovery Payment – Victorian storms and floods) Determination 2021 (No.6) 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 storms and floods) Determination 2021 (No.6) continues to be in effect.
  15. 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.
  16. 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.
  17. 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 storms and floods) Determination 2021 (No. 7) was enacted to address the immediate needs of individuals adversely affected by the severe storms and associated flooding that occurred in Victoria between 9 June 2021 and 17 June 2021. This legislation provides a one-off payment to those who suffered significant impacts from this disaster, thereby facilitating quicker recovery and support for affected communities. The determination was issued by the Minister for Agriculture, Drought and Emergency Management under the authority granted by the Social Security Act 1991, aiming to provide financial assistance to those in need without delay. The policy objective is to ensure timely and effective support for individuals and families who have experienced substantial disruption due to the disaster. This determination complements the broader framework of the Australian Government Disaster Recovery Payment (AGDRP) under the Social Security Act 1991, which provides an immediate financial response to major disasters. The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 7) specifies the circumstances in which individuals are considered adversely affected by the disaster, including serious injury, loss of a principal place of residence, destruction or major damage to major assets, or being a principal carer of an affected individual. The determination ensures that affected individuals can receive the necessary support swiftly, without the need for formal disallowance by the Parliament.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 7) applies to individuals who have been adversely affected by the severe storms and associated flooding that occurred between 9 June 2021 and 17 June 2021 in specified local government areas of Victoria. The Determination is made under section 1061K of the Social Security Act 1991, which outlines the qualification criteria for the Australian Government Disaster Recovery Payment (AGDRP). The payment is a one-off payment to Australians who are adversely affected by a major disaster, as determined by the Minister. Specifically, the Determination applies to persons who are seriously injured, immediate family members of those killed, individuals whose principal place of residence or major assets have been destroyed or significantly damaged, and principal carers of affected children. The Determination provides a clear framework for determining eligibility for the AGDRP in response to the specified disaster. The geographic scope of the Determination is limited to the specified local government areas in Victoria, and it does not apply to other regions or disasters unless further determinations are made by the Minister. The Determination is not subject to disallowance by the Parliament and is effective despite the repeal of the previous Determination (No. 6).

Key Provisions

The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 7) (the Determination) are sections 4 and 5. Section 4 of the Determination (subsection 4(1)) specifies that the Determination applies to the severe storms and associated flooding that occurred between 9 June 2021 and 17 June 2021 in Victoria, affecting the local government areas of Baw Baw, Cardinia, Hepburn, Latrobe, Moorabool, Mornington Peninsula, South Gippsland, Wellington, and Yarra Ranges. Section 4(2) outlines the circumstances in which a person will be considered adversely affected by the disaster. This includes being seriously injured as a direct result of the disaster, being an immediate family member of an Australian who was killed as a direct result of the disaster, having a principal place of residence destroyed or suffering major damage due to the disaster, having major assets destroyed or suffering major damage as a result of the disaster, or being a principal carer of a child to whom any of the above circumstances apply. The obligations and requirements imposed by the Determination on the parties or entities it governs are primarily focused on establishing the eligibility criteria for receiving the Australian Government Disaster Recovery Payment (AGDRP). The Determination requires that individuals or families who meet the specified conditions, such as being seriously injured, losing a loved one, or suffering significant damage to their residence or assets due to the disaster, are recognised as adversely affected by the disaster. This formal recognition is necessary for them to qualify for the one-off payment provided under the AGDRP. Additionally, section 5 of the Determination repeals the previous Determination (No. 6) but ensures that actions taken under the old Determination remain in effect. Regarding offences, penalties, or civil/criminal consequences for breach, the Determination itself does not explicitly outline penalties for non-compliance. However, under the Social Security Act 1991 (the Act), there are provisions that apply. For instance, section 135 of the Act states that a person who knowingly makes a false or misleading statement in connection with a payment, benefit, or service under the Act may be subject to a penalty of up to five penalty units (currently AUD 5,850). Additionally, any person who wilfully neglects or refuses to comply with a requirement under the Act may face a penalty of up to two penalty units (currently AUD 2,340). These penalties highlight the seriousness with which the Act treats misrepresentation or non-compliance in the context of social security payments.

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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.