EXPLANATORY STATEMENT
Social Security (Australian Government Disaster Recovery Payment—Western Australian Bushfires) 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 bushfires that commenced on 1 February 2021 and continued in February 2021in Western Australia and affected the local government areas of Chittering, Mundaring, Northam and Swan.
- The Social Security (Australian Government Disaster Recovery Payment—Western Australia Bushfires) 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 bushfires that commenced on 1 February 2021 in Western Australia affecting the local government areas of Mundaring and Swan.
- 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 Australian Bushfires) Determination 2021 (No. 1) was enacted to address the immediate financial needs of individuals adversely affected by the bushfires that occurred in Western Australia from February 2021, particularly in the local government areas of Chittering, Mundaring, Northam, and Swan. This determination, issued under the authority of the Minister for Agriculture, Drought, and Emergency Management, aligns with the overarching objective of the Social Security Act 1991 to provide financial support to those who have suffered due to major disasters. The policy objective here is to ensure swift and effective assistance to those impacted by the disaster, thereby facilitating quicker recovery and relief efforts. The determination specifies the circumstances under which individuals can be considered adversely affected, such as being seriously injured, losing a loved one, or experiencing significant property damage.
Scope and Application
The Social Security (Australian Government Disaster Recovery Payment—Western Australian Bushfires) Determination 2021 (No. 1) applies specifically to the major disaster caused by the bushfires that began on 1 February 2021 in Western Australia and affected the local government areas of Chittering, Mundaring, Northam, and Swan. This determination, pursuant to Section 1061L of the Social Security Act 1991, outlines the circumstances in which an individual can be considered adversely affected by the disaster to qualify for the Australian Government Disaster Recovery Payment (AGDRP). The AGDRP is a one-off payment aimed at providing immediate financial assistance to those who have been significantly impacted by the disaster. The determination specifies 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, a major asset is destroyed or significantly damaged, or they are a principal carer of a child who meets any of the aforementioned criteria. This determination is an instrument under the Social Security Act and is not subject to disallowance by Parliament. It was implemented urgently without formal consultation, ensuring timely support for those affected by the disaster.
Key Provisions
The main operative sections of the Social Security (Australian Government Disaster Recovery Payment—Western Australian Bushfires) Determination 2021 (No. 1) provide the criteria under which individuals can be recognised as adversely affected by the bushfires in Western Australia, which began on 1 February 2021. Section 4(2) of the Determination lists the specific circumstances that qualify an individual for the Australian Government Disaster Recovery Payment (AGDRP). This includes being seriously injured or an immediate family member of someone killed as a direct result of the disaster (subsection 4(2)(a) and (b)); having one's principal place of residence destroyed or significantly damaged (subsection 4(2)(c)); suffering destruction or major damage to major assets (subsection 4(2)(d)); and being a principal carer of a child who meets any of the aforementioned criteria (subsection 4(2)(e)). These sections ensure that those most impacted by the disaster are eligible for the payment.
The Act imposes specific obligations and requirements on the entities and individuals it governs. For the Department of Home Affairs, it requires the timely assessment and disbursement of payments to eligible individuals. The onus is on the department to interpret and apply the Determination accurately to ensure that only those who meet the stipulated criteria receive the payment. For applicants, the obligation lies in providing accurate and truthful information about their circumstances to substantiate their claims of being adversely affected by the disaster. This includes providing evidence of serious injury, death of an immediate family member, destruction or significant damage to their residence or major assets, or acting as a principal carer for an affected child.
The legislation also outlines potential offences and consequences for breaches. Although the primary focus is on ensuring timely and accurate assistance to those in need, any form of misrepresentation or fraud in claiming the AGDRP is subject to penalties. The Social Security Act 1991 stipulates that false statements or misrepresentation of facts can lead to criminal charges, with potential penalties including fines and imprisonment. The seriousness of the offence and the extent of the misrepresentation will influence the exact penalties imposed, but the Act ensures that fraudulent claims are dealt with rigorously to protect the integrity of the disaster recovery payment process.