EXPLANATORY STATEMENT

Social Security Act 1991

Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No.6)

 (Section 1061L)

1. The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
2. 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”.
3. 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”.
4. 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”.
5. 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.
6. The Minister has made a determination under section 36 of the Act that applies to the monsoonal trough which produced heavy rainfall and associated flooding that commenced from 25 January 2019 and which is expected to continue in February 2019 and affected the local government areas of Burdekin, Burke, Carpentaria, Charters Towers, Cloncurry, Cook, Doomadgee, Douglas, Flinders, Hinchinbrook, McKinlay, Palm Island, Richmond, Torres, Torres Strait Island, Townsville, Winton and Wujal Wujal in the State of Queensland.
7. This instrument, the Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No.6) (Determination (No. 6)) revokes the Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No.4) and gives effect to the section 36 determination referred to above by setting out the circumstances in which a person is “adversely affected” by the major disaster (described in Schedule 1).  This instrument now includes ”Carpentaria”, “Hinchinbrook”, “Torres” and “Torres Strait Island” as local government areas affected by this major disaster.
8. Section 1 of Determination (No. 6) specifies the name of the determination.
9. Section 2 of Determination (No. 6) provides that the Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No. 4) made by the Assistant Minister on 12 February 2019 is revoked.
10. Section 3 of Determination (No. 6) provides that it commences on the day it is signed.
11. Section 4 of Determination (No. 6) contains definitions relevant to the determination.
12. Section 5 of Determination (No. 6) 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.
13. Section 6 of Determination (No. 6) is a transitional provision and provides that a claim made under Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No.4) is taken to have been made under this instrument.
14. Schedule 1 to Determination (No. 6) describes the major disaster as the monsoonal trough which produced heavy rainfall and associated flooding that commenced from 25 January 2019 and which is expected to continue in February 2019, and affected the local government areas of Burdekin, Burke, Carpentaria, Charters Towers, Cloncurry, Cook, Doomadgee, Douglas, Flinders, Hinchinbrook, McKinlay, Richmond, Torres, Torres Strait Island, Townsville, Winton and Wujal Wujal in the State of Queensland.
15. Schedule 2 to Determination (No. 6) provides four circumstances where a person is adversely affected by the major disaster referred to in Schedule 1.
16. The first circumstance is where the person is seriously injured as a direct result of the major disaster.
17. 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.
18. 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.
19. 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.
20. The terms “Act”, “destroyed”, “immediate family member”, “major damage”, “seriously injured” and “principal place of residence” are defined in section 4 of Determination (No. 6).
21. Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.
22. 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.
23. Formal consultation has not been undertaken as Determination (No. 6) was required as a matter of urgency.