EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—Western Australian Tropical Cyclone Seroja) Determination 2021 (No. 2)
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. 2) (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 21/035. 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 that occurred in Western Australia on 11 April 2021 affecting the local government areas of Carnamah, Chapman Valley, Greater Geraldton, Mingenew, Morawa, Northampton, Perenjori and Three Springs.
- 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.
- Section 5 of the Determination repeals the previous instrument in place, the Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1). Section 6 subsequently provides that anything done under the instrument repealed in section 5 continues to be in effect as if it had been done under the Determination.
- 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 Australian Tropical Cyclone Seroja) Determination 2021 (No. 2) was enacted to address the urgent need for financial assistance to individuals adversely affected by the Tropical Cyclone Seroja that impacted Western Australia on 11 April 2021. This legislation supplements the Social Security Act 1991 by specifying the criteria under which individuals can be considered adversely affected by the major disaster, thereby qualifying for the Australian Government Disaster Recovery Payment (AGDRP). This payment is a one-off financial support intended to provide immediate relief to those who have suffered significant losses due to the cyclone. The determination was made under the authority of the Minister for Agriculture, Drought, and Emergency Management and was issued to ensure a swift and effective response to the disaster, reflecting the policy objective of providing timely support to those in need.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Western Australian Tropical Cyclone Seroja) Determination 2021 (No. 2) applies to individuals adversely affected by the Tropical Cyclone Seroja that struck Western Australia on 11 April 2021, specifically impacting the local government areas of Carnamah, Chapman Valley, Greater Geraldton, Mingenew, Morawa, Northampton, Perenjori, and Three Springs. The determination outlines the circumstances under which a person is considered adversely affected by the disaster, including being seriously injured, being an immediate family member of someone killed as a direct result of the disaster, having their principal place of residence destroyed or severely damaged, or having major assets destroyed or damaged. Additionally, it covers principal carers of children who meet any of these criteria. The Determination is designed to provide immediate relief to those directly impacted by the cyclone through the Australian Government Disaster Recovery Payment, which is a one-off payment provided under the Social Security Act 1991. The Determination does not undergo disallowance by the Parliament, and it supersedes the previous Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1), with actions taken under the repealed instrument continuing to be valid.
Key Provisions
The key operative sections of the Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 2) are sections 4 and 5. Section 4 (subsections 4(1) and 4(2)) specifies the major disaster—Tropical Cyclone Seroja that occurred on 11 April 2021 in Western Australia—and outlines the circumstances in which a person will be deemed to be adversely affected by the disaster. These circumstances include serious injury as a direct result of the disaster, being an immediate family member of an Australian killed as a direct result of the disaster, having one’s principal place of residence destroyed or suffering major damage, or experiencing destruction or major damage to major assets. Section 5 of the Determination repeals the previous instrument, the Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1), while ensuring that any actions taken under the repealed instrument remain in effect.
The obligations imposed by the Determination are primarily on the Minister for Agriculture, Drought, and Emergency Management, who must determine that an event constitutes a major disaster and specify the circumstances under which a person is adversely affected by that disaster. The Determination also requires the Minister to ensure that payments are made to eligible individuals as per the criteria outlined. The obligations on the applicants for the Australian Government Disaster Recovery Payment (AGDRP) include providing accurate and truthful information to the Department of Home Affairs and ensuring that all required documentation is submitted to substantiate their claims for the payment.
Breaches of the provisions in the Determination may result in civil or criminal consequences, although specific offences and penalties are not detailed in the text. Generally, under the Social Security Act 1991, providing false or misleading information to obtain a payment can lead to criminal charges and penalties, including fines and imprisonment. The maximum penalties for such offences would be determined by the general provisions of the Social Security Act and any other relevant legislation. The Determination itself notes that it is not subject to disallowance by the Parliament, reflecting its urgent and necessary nature in the context of a declared major disaster.