EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No.1)
Social Security Act 1991
Issued by authority of the Minister for Agriculture, Drought, and Emergency Management
- The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
- 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”.
- 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.
- 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.
- 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.
- The Minister has made a determination under section 36(1) of the Act that applies only to the Tropical Cyclone Seroja that commenced on 11 April 2021 in Western Australia and affected the local government area of Northampton.
- The Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1) (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.
- Section 1 of the Determination specifies the name of the determination. Subsection 1(2) provides that the Determination may also be cited as LIN 21/024. This is an internal reference for the Department of Home Affairs.
- 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.
- Section 3 of Determination contains definitions relevant to the determination.
- Subsection 4(1) of the Determination provides that the Determination applies to the major disaster being the Tropical Cyclone Seroja occurring in Western Australia on 11 April 2021 affecting the local government area of Northampton.
- 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:
- the person is seriously injured as a direct result of the disaster (paragraph 4(2)(a)); or
- 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
- 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
- a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the disaster; or
- the person is a principal carer of a child to whom paragraphs 4(2)(a), (b), (c) or (d) apply (paragraph 4(2)(e)).
- 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.
- 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.
- 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—Western Australia Tropical Cyclone Seroja) Determination 2021 (No.1) was enacted to address the immediate needs of individuals adversely affected by the Tropical Cyclone Seroja in Western Australia on 11 April 2021, particularly in the local government area of Northampton. This Determination, issued under the authority of the Minister for Agriculture, Drought, and Emergency Management, aims to provide swift financial assistance to those significantly impacted by this disaster. It operates within the framework of the Social Security Act 1991, specifically Section 1061K, which outlines the eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP). The policy objective of this Determination is to ensure that eligible individuals receive timely support to aid their recovery from the effects of the disaster.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No.1) applies specifically to the major disaster caused by Tropical Cyclone Seroja, which commenced on 11 April 2021 and affected the local government area of Northampton in Western Australia. This Determination, made under the Social Security Act 1991, outlines the circumstances in which a person is considered to be adversely affected by this particular disaster. The Act applies to individuals who meet specific criteria, such as being seriously injured or losing a principal place of residence or major assets due to the cyclone, as well as immediate family members of those killed and principal carers of affected children. The scope of this Determination is geographically confined to the specified area of Northampton, Western Australia, and is not subject to disallowance by Parliament, expediting its implementation. This legislation provides a legislative framework for the Australian Government Disaster Recovery Payment, ensuring timely and targeted support to those most impacted by the disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1) detail the specific circumstances under which a person is considered adversely affected by the Tropical Cyclone Seroja in Western Australia, as well as the criteria for eligibility for the Australian Government Disaster Recovery Payment (AGDRP). Section 4(2) of the Determination specifies that a person is adversely affected if they are seriously injured, if they are an immediate family member of someone killed as a direct result of the disaster, if their principal place of residence is destroyed or suffers major damage, or if a major asset is destroyed or suffers major damage. Additionally, a principal carer of a child affected by the disaster is also considered adversely affected. These criteria are intended to ensure that the AGDRP is provided to those who have suffered significant harm as a direct result of the disaster.
The Determination imposes specific obligations on the parties it governs, primarily focusing on the eligibility criteria for the AGDRP. Individuals claiming the payment must meet one of the specified adverse effects outlined in Section 4(2). This includes providing evidence of their injury, death of a family member, destruction of their residence, or damage to major assets, as applicable. The Department of Home Affairs, which administers the payment, is tasked with verifying the claims and determining eligibility based on the provided evidence. This process ensures that the payment is distributed efficiently and only to those who have been genuinely impacted by the disaster.
Breach of the requirements outlined in the Determination can lead to civil or criminal consequences, although specific offences are not detailed in the explanatory statement. Penalties for providing false information or fraudulent claims are not explicitly stated in the provided text, but under general Australian law, penalties for fraud can include fines and imprisonment. The seriousness of the penalties would depend on the extent and impact of the fraud. The Determination itself is a legislative instrument and, as such, is not subject to disallowance by Parliament, underscoring the importance of adhering to its stipulations to avoid legal repercussions.