EXPLANATORY STATEMENT
Social Security Act
Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5)
(Section 1061L)
- 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 of the Act that applies to only the bushfires that commenced in February 2019 in Northern New South Wales, which as at 20 February 2019 affected the local government areas of Armidale, Kyogle, Inverell, Tamworth and Tenterfield.
- This instrument, the Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5) (Determination (No. 5)) gives effect to the determination referred to above and sets out the circumstances in which a person is to be “adversely affected” by the bushfires that affected the local government areas of: Armidale, Kyogle, Inverell, Tamworth and Tenterfield, in Northern New South Wales.
- Section 1 of Determination (No.5) specifies the name of the determination.
- Section 2 of Determination (No.5) provides that it commences on the day it is signed.
- Section 3 of Determination (No.5) contains definitions relevant to Determination (No.5).
- Section 4 of Determination (No.5) provides that for the purposes of subsection 1061L (2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.
- Schedule 1 to Determination (No.5) applies to only the bushfires that commenced in February 2019 in Northern New South Wales, which as at 20 February 2019 affected the local government areas of Armidale, Kyogle, Inverell, Tamworth and Tenterfield.
- Schedule 2 to Determination (No.5) provides four circumstances where a person is adversely affected by the major disaster referred to in Schedule 1.
- The first circumstance is where the person is seriously injured as a direct result of the major disaster.
- The second circumstance is where a person is an immediate family member of an Australian who is killed as a direct result of the major disaster.
- The third circumstance is where the person’s principal place of residence has been destroyed or has sustained major damage as a direct result of the major disaster.
- The fourth circumstance occurs where a person is the principal carer of a child and any of the three situations specified above apply to that child.
- The terms “Act”, “destroyed”, “immediate family member”, “major damage”, “seriously injured” and “principal place of residence” are defined in section 3 of Determination (No.5).
- 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 Determination (No.5) was required as a matter of urgency.
Overview
The Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5) was enacted to provide relief for individuals affected by the bushfires in Northern New South Wales in February 2019. This legislation was introduced to address the immediate needs of those impacted by the disaster, ensuring they receive the necessary support through the Australian Government Disaster Recovery Payment (AGDRP). This payment is a one-off amount intended to assist those who have suffered significant losses or injuries as a direct result of the disaster. Enacted by the Minister for Social Services under the authority of the Social Security Act 1991, the policy objective of this determination is to streamline the provision of financial aid to those adversely affected by the specified bushfires, ensuring that aid is both timely and appropriately targeted to those who need it most. This determination was made without formal consultation due to the urgent nature of the disaster and the necessity to provide immediate assistance.
Scope and Application
The Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5) applies to individuals adversely affected by the bushfires that began in February 2019 in Northern New South Wales, specifically within the local government areas of Armidale, Kyogle, Inverell, Tamworth, and Tenterfield. This legislation provides an immediate, one-off payment as part of the Australian Government Disaster Recovery Payment (AGDRP) scheme to those who meet the criteria for being adversely affected by this major disaster. The Act specifies that a person qualifies for the payment if they are seriously injured as a direct result of the disaster, if they are an immediate family member of an Australian killed by the disaster, if their principal place of residence has been destroyed or significantly damaged, or if they are the principal carer of a child who meets any of these criteria. The terms "destroyed," "immediate family member," "major damage," "seriously injured," and "principal place of residence" are defined in the Act, ensuring clarity in application. The instrument is a legislative determination and does not require disallowance by Parliament, reflecting the urgency of the situation.
Key Provisions
The Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5) establishes the criteria for the Australian Government Disaster Recovery Payment (AGDRP) in response to the bushfires that began in February 2019 in Northern New South Wales. Specifically, this Determination (No.5) applies to the local government areas of Armidale, Kyogle, Inverell, Tamworth, and Tenterfield, as mentioned in Schedule 1. According to section 4 of the Determination, a person is considered "adversely affected" by this major disaster if they meet any of the four specified conditions outlined in Schedule 2. These conditions include being seriously injured, being an immediate family member of someone killed, having one’s principal place of residence destroyed or significantly damaged, or being the principal carer of a child affected by any of the aforementioned situations.
The obligations under this Determination are primarily centered around establishing eligibility for the AGDRP. Section 4 clearly delineates the specific circumstances under which individuals qualify for the payment, ensuring that only those directly impacted by the disaster in a significant manner are considered. The definitions provided in section 3, such as "seriously injured", "immediate family member", "major damage", and "principal place of residence", are crucial for interpreting and applying the provisions correctly. The Minister’s determination under section 36 of the Social Security Act 1991 (the Act) that the event qualifies as a "major disaster" further reinforces the framework for eligibility. Parties seeking the AGDRP must provide evidence that aligns with these specified conditions to substantiate their claim.
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of this Determination. However, the importance of adhering to the stipulated conditions cannot be overstated, as any misrepresentation or falsification of information could potentially lead to the disqualification of the payment. The legitimacy and integrity of the disaster recovery process are paramount, and the Act implicitly upholds these standards by ensuring that only those genuinely affected receive the payment. The Minister’s determination under section 36, which empowers the classification of the event as a "major disaster", underscores the seriousness with which these provisions are regarded, emphasizing the necessity for accurate and honest applications.