Overview

The Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No.4) was enacted to address the need for a rapid response to the significant impact of the monsoonal trough, which resulted in heavy rainfall and associated flooding in certain local government areas in Queensland from late January 2019. This determination was introduced to provide immediate financial assistance to those adversely affected by this major disaster, in line with the policy objective of offering timely support to individuals who have suffered serious consequences as a result of such events. The enacting body was the Minister, who determined that the disaster warranted a government response and subsequently established the criteria for eligibility under the Social Security Act 1991. The policy objective is to ensure that those directly impacted by the disaster, such as those seriously injured, bereaved family members, or individuals whose homes have been destroyed or severely damaged, receive the necessary support without delay.

Scope and Application

The Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No.4) is a legislative instrument under the Social Security Act 1991, aimed at providing an Australian Government Disaster Recovery Payment to individuals adversely affected by a specific major disaster. This instrument applies to individuals who have been adversely affected by the monsoonal trough which produced heavy rainfall and associated flooding in certain local government areas in Queensland, including Burdekin, Burke, Charters Towers, Cloncurry, Cook, Doomadgee, Douglas, Flinders, McKinlay, Richmond, Townsville, Winton, and Wujal Wujal, commencing from 25 January 2019. The determination outlines the circumstances under which a person is considered to be adversely affected, such as being seriously injured, being an immediate family member of an Australian killed, having a principal place of residence destroyed or sustaining major damage, or being the principal carer of a child who meets any of these criteria. The instrument revokes the previous determination (No.3) and sets out the specific conditions for eligibility, which are detailed in Schedule 2. Notably, this determination is not subject to disallowance by the Parliament, as specified in the Act.

Key Provisions

The Australian Government Disaster Recovery Payment (AGDRP) is a one-off payment provided to Australians adversely affected by a major disaster, as stipulated in section 1061K of the Social Security Act 1991 (the Act). A person qualifies for this payment if they are adversely affected by a major disaster, as defined under subsection 1061L(1) of the Act, which requires the Minister to determine the specific circumstances in writing (subsection 1061L(2)). The recent Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No.4) (Determination No. 4) revokes its predecessor, the Social Security (LIN 19/130: Australian Government Disaster Recovery Payment) Determination 2019 (No.3), and specifies the circumstances under which a person is considered adversely affected by the major disaster related to the monsoonal trough and associated flooding that occurred from 25 January 2019 in several local government areas of Queensland. This Determination No. 4 is effective as of the day it is signed, as stated in section 3, and provides a detailed schedule of the specific local government areas impacted and the circumstances under which an individual may be considered adversely affected, as outlined in Schedules 1 and 2. The Act imposes several obligations on the parties involved. Firstly, it mandates that the Minister determines whether a disaster is a major one, which is outlined in section 36. Secondly, the Act requires the Minister to specify in writing the circumstances under which individuals are considered adversely affected by such a disaster, as per section 1061L. Additionally, the Act obligates the Minister to ensure that the Determination No. 4 is consistent with the provisions of the Social Security Act and the specific requirements for the AGDRP. The Act also requires that the Determination No. 4 be communicated effectively to the public, ensuring that eligible individuals are aware of their eligibility and the process to apply for the payment. The Determination No. 4 does not explicitly state any offences, penalties, or consequences for non-compliance or breach. However, the Social Security Act generally provides for penalties for false or misleading statements, including fines or imprisonment, under section 121A. Additionally, any failure to comply with the requirements of the Act or the Determination No. 4 could result in the refusal of the AGDRP payment. Given that the Determination No. 4 is a legislative instrument not subject to disallowance by Parliament as per subsection 1061L(3) of the Act, it carries a significant legal weight and non-compliance could lead to legal repercussions as outlined in the Act.