Overview

The Social Security (LIN 19/130: Australian Government Disaster Recovery Payment) Determination 2019 (No. 3) was enacted to address the immediate need for financial assistance to Australians adversely affected by the monsoonal trough that produced heavy rainfall and flooding in Queensland from 25 January 2019. This determination complements the Social Security Act 1991 by providing specific criteria for the Australian Government Disaster Recovery Payment, which offers a one-off payment to those impacted by the disaster. The policy objective is to ensure that those who have suffered serious injury, lost a family member, or had their residence destroyed or severely damaged due to the disaster receive timely and appropriate support. The determination was made under the authority of the Minister, who has the power to declare a major disaster and specify the circumstances that constitute being adversely affected. This legislative instrument, while not subject to disallowance, was enacted without formal consultation due to the urgent nature of the disaster response. The enacting body is the Australian Minister for Social Services, who issued the determination under the authority granted by the Social Security Act 1991. The determination revokes a previous instrument to update the criteria for receiving the Australian Government Disaster Recovery Payment and applies to the specific areas in Queensland affected by the flooding. The instrument includes definitions for key terms such as "seriously injured" and "principal place of residence" and specifies four scenarios under which a person would be considered adversely affected by the disaster. This approach ensures that the assistance is targeted to those who have been most significantly impacted by the disaster.

Scope and Application

The Australian Government Disaster Recovery Payment is provided under section 1061K of the Social Security Act 1991 to assist Australians who are adversely affected by a major disaster. The Act applies to any Australian individual who has suffered serious injury as a direct result of a disaster, is an immediate family member of someone killed in such a disaster, has had their principal place of residence destroyed or significantly damaged, or is the principal carer of a child who has suffered any of these impacts. The Act's scope is limited to events that the Minister has declared as major disasters, currently focusing on the monsoonal trough-related flooding in certain local government areas in Queensland. This determination is not subject to disallowance by the Parliament, and while formal consultation was not undertaken due to the urgency of the situation, the determination provides specific circumstances under which a person is considered adversely affected by the disaster.

Key Provisions

The Social Security (LIN 19/130: Australian Government Disaster Recovery Payment) Determination 2019 (No.3) outlines the conditions under which Australians can receive the Australian Government Disaster Recovery Payment (AGDRP) in response to the specific major disaster caused by the monsoonal trough and heavy rainfall in Queensland from 25 January 2019. The key provisions, outlined in sections 1 to 6, specify the name, commencement, and revocation of previous determinations, and define the circumstances under which a person is considered adversely affected by the disaster (sections 1, 2, 3, 5). Section 4 contains definitions necessary for interpreting the determination, while Section 6 provides a transitional measure for claims made under the previous determination (sections 4, 6). Under this determination, several obligations are imposed on both the government and the individuals affected by the disaster. The government is responsible for determining the specific circumstances that constitute being adversely affected by the disaster, as detailed in Schedule 2. This includes being seriously injured, being an immediate family member of someone killed, having one's principal place of residence destroyed or damaged, or being the principal carer of a child affected by any of these circumstances (section 5). Individuals must provide evidence that they meet these criteria to be eligible for the AGDRP. This requirement ensures that the payment is directed to those who have genuinely suffered significant impacts from the disaster. Failure to comply with the provisions of this determination could lead to various consequences. For instance, submitting false information to obtain the AGDRP could be considered fraud, which is a serious offence. Under the Social Security Act 1991, fraudulent claims can result in penalties such as fines, repayment of the amount received, and potential criminal charges. The exact penalties would depend on the circumstances of the offence, but they can be significant, reflecting the seriousness of misusing government funds intended for disaster relief.