Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This Determination gives effect to a declaration made under section 36 of the Social Security Act 1991 that applies to the flooding that occurred as a result of the rain depression caused by Tropical Cyclone Ellie which commenced on 31 January 2009 and affected the Far North and Northern regions of Queensland and sets out the circumstances in which a person is to be regarded as “adversely affected” by the flooding.
Administered by: Attorney-General's
Registered 09 Feb 2009
Tabling HistoryDate
Tabled HR12-Feb-2009
Tabled Senate12-Feb-2009
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 1)

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             7th February               2009

 

 

 

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 2009 (No. 1).

 

2                    Commencement

 

This Determination commences on the day it is signed.

 

3                    Definitions

 

In this Determination:

 

Act means the Social Security Act 1991.

 

 

 

 

 

 

destroyed in relation to a person’s principal place of residence includes a residence being damaged to the extent that it must be demolished.

 

inaccessible in relation to a person’s principal place of residence means the person could not access the residence as supported by evidence.

 

major damage in relation to a person’s principal place of residence means:

 

(a)       at least one-quarter of the interior of the residence has been affected by flood water; or

 

(b)               the residence has experienced sewerage failure for a period of 24 hours or more, or sewerage contamination; or

 

(c)               the residence has been declared structurally unsound as supported by evidence.

 

seriously injured in relation to a person means:

 

(a)               the person has sustained injury; and

 

(b)               either:

 

(i)                 the person was admitted to hospital; or

 

(ii)               under normal circumstances, the person required admittance to hospital.

 

 

4                    Principal place of residence

 

In this determination, a place is to be regarded as the person’s principal place of residence if:

 

(a)       the place is a place in which the person normally resides; and

 

(b)       the person has a right or license entitling the person to lawfully reside in that place.

 

 

 

 

 

 

 

 

5                    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 5)

 

 

The flooding that occurred as a result of the rain depression caused by Tropical Cyclone Ellie which commenced on 31 January 2009 and affected the Far North and Northern regions of Queensland.

 

 

 

Schedule 2        Adverse circumstances

                             (section 5)

 

 

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

 

(a)          a person is seriously injured; or

 

(b)          a person is;

 

(i)   the immediate family member of an Australian killed; and

 

(ii)  the first immediate family member to make a claim for the Australian Government Disaster Recovery Payment in respect of the major disaster mentioned in Schedule 1.

 

(c)          a person’s principal place of residence has been destroyed; or

 

(d)          a person’s principal place of residence has sustained major damage; or

 

(e)          a person’s principal place of residence is inaccessible for a period of 48 hours or more.

For the purposes of paragraph (b) of this definition, Australian means a person who immediately prior to their death, satisfied subparagraph 1061K(1)(b)(i), (ii) or (iv) of the Act.

For the purposes of paragraph (b) of this definition, the person will be regarded as the immediate family member of an Australian killed in the major disaster (the deceased) if the person in relation to the deceased was:

(i)                 the deceased person’s partner; or

(ii)               the deceased person’s natural child, adoptive child or stepchild; or

(iii)             the deceased person’s natural parent, adoptive parent or step‑parent;  or

(iv)              the deceased person’s legal guardian; or

(v)                the deceased person’s brother, sister, stepbrother or stepsister.