Overview

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 8) was enacted to address the immediate financial needs of individuals adversely affected by the severe storms and associated flooding that occurred in Victoria between 9 June 2021 and 17 June 2021, impacting the local government areas of Bass Coast, Baw Baw, Cardinia, Hepburn, Latrobe, Macedon Ranges, Moorabool, Mornington Peninsula, South Gippsland, Wellington, and Yarra Ranges. This legislation was issued by the Minister for Emergency Management and National Recovery and Resilience under the authority of the Social Security Act 1991. The policy objective is to provide an immediate, one-off payment to those significantly impacted by the disaster, ensuring that they receive necessary financial support without delay. The determination outlines the specific circumstances under which individuals are considered adversely affected, such as being seriously injured, being a family member of someone killed, having their residence or major assets damaged, or being a principal carer of an affected child.

Scope and Application

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 8) applies to individuals who are adversely affected by the severe storms and associated flooding that occurred between 9 June 2021 and 17 June 2021 in Victoria. Specifically, it pertains to persons residing in the local government areas of Bass Coast, Baw Baw, Cardinia, Hepburn, Latrobe, Macedon Ranges, Moorabool, Mornington Peninsula, South Gippsland, Wellington, and Yarra Ranges. This Determination outlines the criteria for being considered adversely affected by the major disaster, including instances such as serious injury, loss of an immediate family member, destruction or major damage to one's principal place of residence, significant damage to major assets, or being a principal carer of an affected child. The Determination is a legislative instrument under the Social Security Act 1991 and is not subject to disallowance by the Parliament. Notably, while the Determination is effective upon signing, it may commence before registration to ensure timely assistance to those affected by the disaster.

Key Provisions

The Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 8) is a legislative instrument that sets out the circumstances under which individuals can be considered adversely affected by the severe storms and associated flooding that occurred in Victoria between 9 June 2021 and 17 June 2021. This Determination, pursuant to section 1061K of the Social Security Act 1991 (the Act), applies specifically to the local government areas of Bass Coast, Baw Baw, Cardinia, Hepburn, Latrobe, Macedon Ranges, Moorabool, Mornington Peninsula, South Gippsland, Wellington, and Yarra Ranges. The Determination clarifies that a person is adversely affected if they are seriously injured, an immediate family member of someone killed, their principal place of residence is destroyed or significantly damaged, their major assets are destroyed or significantly damaged, or they are a principal carer of a child affected by any of these circumstances. This determination is designed to ensure that those genuinely impacted by the disaster are eligible for the Australian Government Disaster Recovery Payment (AGDRP). Under the Determination, various obligations are placed on both the applicants and the government. For applicants, the primary obligation is to provide accurate and truthful information regarding their circumstances to qualify for the AGDRP. They must substantiate their claims with relevant documentation, such as medical reports, property damage assessments, or other evidence demonstrating their adverse impact due to the disaster. The government, on the other hand, is obliged to process applications in a timely manner, ensuring that eligible individuals receive their payments without undue delay. Additionally, the government must ensure that the information provided by applicants is adequately reviewed and verified to prevent fraudulent claims. The Determination does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, under the broader provisions of the Social Security Act 1991, providing false or misleading information to obtain the AGDRP could be considered an offence. Such actions might lead to civil or criminal penalties, including fines or prosecution. The specific penalties would be governed by the general fraud provisions within the Social Security Act and other relevant legislation. Although the Determination itself does not specify maximum penalties, the severity of the consequences would align with the penalties applicable under the overarching legal framework.