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

Administered by Department of Home Affairs

Legislation au F2019L00283 In force Legislative Instrument

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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.

 

Overview

The Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6) was enacted in 2019 to address the urgent need to provide financial assistance to Australians adversely affected by a major disaster, specifically the monsoonal trough that caused heavy rainfall and flooding in various local government areas in Queensland. This legislation was introduced to fill the immediate gap in providing relief to those severely impacted by the disaster, ensuring they receive the Australian Government Disaster Recovery Payment. The enactment of this determination was authorised by the Social Security Act 1991, and it was made by the Minister under the authority granted by section 36 of the Act. The policy objective is to swiftly and effectively support individuals who have suffered significant losses or injuries as a direct result of the disaster, thereby facilitating their recovery and providing essential financial support during a critical period.

Scope and Application

The Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6) applies to individuals adversely affected by the major disaster caused by the monsoonal trough that produced heavy rainfall and associated flooding in Queensland from 25 January 2019. This disaster recovery payment is specifically intended for those who have been seriously injured, lost an immediate family member, had their principal place of residence destroyed or severely damaged, or are the principal carer of a child affected in these ways, in the affected 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. The instrument revokes the earlier determination made on 12 February 2019 and sets out the specific circumstances under which a person is considered adversely affected. The Act, which empowers the Minister to make such determinations, applies to the Commonwealth of Australia and is not subject to disallowance by the Parliament.

Key Provisions

The main operative sections of the Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6) (the Determination) revolve around establishing who qualifies for the Australian Government Disaster Recovery Payment (AGDRP). Section 1 of the Determination specifies the name of the instrument, while section 2 revokes a previous determination (Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No. 4)) made on 12 February 2019. Section 3 states that the Determination commences on the day it is signed, and section 4 provides definitions relevant to the instrument. Section 5 establishes the circumstances under which a person can be considered adversely affected by a major disaster, while section 6 acts as a transitional provision to ensure that claims made under the previous determination are treated as valid under this new instrument. The Determination imposes specific obligations and requirements on individuals and entities affected by the major disaster. Individuals who have been adversely affected by the disaster, as defined in Schedule 2, must meet certain criteria to qualify for the AGDRP. This includes being seriously injured, being an immediate family member of someone killed, having their principal place of residence destroyed or sustaining major damage, or being the principal carer of a child who meets any of the aforementioned conditions. Additionally, the Minister’s determination that the event constitutes a major disaster mandates that the government must respond to the significant impact on individuals. There are no explicit offences, penalties, or consequences for breach detailed within the Determination itself. However, the Act under which this Determination is made, the Social Security Act 1991, does provide for various penalties for fraudulent claims and other breaches. For example, knowingly making a false statement or providing false information in an application for a payment could result in fines or imprisonment under section 1132 of the Act. The Act also provides for civil penalties for breaches, including pecuniary penalties, which can be substantial, depending on the severity of the breach. The Determination aims to ensure that those genuinely affected by the disaster receive the support they need without undue administrative burden. By setting clear criteria and ensuring continuity of claims from the previous determination, the Determination facilitates a smooth transition and helps maintain the integrity and effectiveness of the disaster recovery payment system.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.