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Determinations/Social Security as made
This Determination, under section 36 of the Social Security Act 1991, applies to the terrorist attacks that began on 26 November 2008 in the south Mumbai area, India and sets out the circumstances in which a person is to be regarded as “adversely affected” by the terrorist attacks.
Administered by: Attorney-General's
Registered 28 Nov 2008
Tabling HistoryDate
Tabled HR01-Dec-2008
Tabled Senate01-Dec-2008
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 4)

Social Security Act 1991

 

I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Determination under subsection 1061L(2) of the Social Security Act 1991.

 

Dated             28th November          2008

 

 

 

J Macklin

Minister for Families, Housing, Community Services and Indigenous Affairs

 

 

1                    Name of Determination

 

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 4).

 

2                    Commencement

 

This Determination commences on the day it is signed.

 

3                    Definitions

 

In this Determination:

 

Act means the Social Security Act 1991.

 

psychological trauma in relation to a person means:

 

(a)               the person was caught up in the violence or witnessed the violence of the major disaster; or

(b)               the person was held in hostage or witnessed hostage situations arising from the major disaster; or

 

(c)               the person was a witness to:

 

(i)                 a person seriously injured because of the major disaster; or

 

(ii)               the remains, body or bodies of a person or persons killed as a consequence of the major disaster; or

 

(d)               the person is the immediate family member of a  Australian killed in the major disaster.

 

seriously injured in relation to a person means:

 

(a)               the person sustained an injury or injuries requiring hospitalisation; or

 

(b)               the person sustained an injury or injuries that under normal circumstances would require hospitalisation.

 

4                    Person taken to be adversely affected by disaster

 

For 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        Major Disaster

                             (section 4)

 

The terrorist attacks that began on 26 November 2008 in the south Mumbai area, India.

 

 

Schedule 2        Adverse circumstances

                             (section 4)

 

As a direct result of the major disaster mentioned in Schedule 1:

 

(a)          a person is seriously injured; or

 

(b)          a person suffers psychological trauma.