Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This Determination applies to the storms and associated flooding that began on 13 January 2008 in the Mackay and Whitsunday regions of Queensland and continued on to affect other areas of Queensland.
Administered by: Attorney-General's
Registered 18 Feb 2008
Tabling HistoryDate
Tabled HR20-Feb-2008
Tabled Senate11-Mar-2008
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Explanatory Statement

 

Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2)

 

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) contains the qualification criteria for the AGDRP.  One of the qualification criteria requires a person to be “adversely affected by a major 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 flooding that began on 14 February 2008 generated from the monsoonal trough over the coast of central Queensland that affected the Mackay region and continued on to affect other areas of Queensland.

 

The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2) (the Determination) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by the flooding.

 

Section 1 of the Determination specifies the name of the Determination.

 

Section 2 of the Determination provides that it commences on the date it is signed.

 

Section 3 contains definitions relevant to the Determination.

 

Section 4 provides that for the purposes of subsection 1061L(2) of the Act, a person is adversely affected by a disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.

 

Schedule 1 to the Determination applies to the flooding that began on 14 February 2008 generated from the monsoonal trough over the coast of central Queensland that affected the Mackay region and continued on to affect other areas of Queensland.

 

 

 

Schedule 2 to the Determination provides three circumstances where a person is adversely affected.  The first is where the person is seriously injured and is admitted to hospital for treatment for a period of 48 hours or more as a direct result of the major disaster referred to in Schedule 1.  The second circumstance is where the person’s principal place of residence has been destroyed as a direct result of the major disaster referred to in Schedule 1.  The third circumstance is where the person’s principal place of residence has been damaged as a direct result of the major disaster referred to in Schedule 1.

 

What is considered to constitute “damaged” is as defined in section 3 of the Determination.

 

Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.

 

This instrument is not subject to disallowance by the Parliament (subsection 1061L(3) of the Act provides that section 42 of the Legislative Instruments Act 2003 does not apply to the determination).

 

Formal consultation has not been undertaken as the Determination was required as a matter of urgency.