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Determinations/Social Security as made
This Determination applies to the bushfires in the State of Victoria that started during the period 29 January 2009 to February 2009 and sets out the circumstances in which a person is to be regarded as “adversely affected” by the bushfires.
Administered by: Attorney-General's
Registered 16 Feb 2009
Tabling HistoryDate
Tabled HR23-Feb-2009
Tabled Senate10-Mar-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Repealed by Spent and Redundant Instruments Repeal Regulation 2014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. 3)

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                         14th 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. 3).

 

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.

 

 

 

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

 

(a)       at least one-quarter of the residence has been damaged; 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.

 

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

 

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 licence 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 bushfires in the State of Victoria:

 

(a)   that started during the period 29 January 2009 to February 2009; and

 

(b)   that continued in February 2009; and

 

(c)   if they continue after February 2009 — that continued in March 2009.

 

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)   an 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;

or

 

(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 is unable to return to their principal place of residence for a period of 24 hours or more; or

 

(f)            a person experienced psychological trauma; or

 

(g)          a person’s principal place of residence experienced a utility failure for a period of 48 hours or more since 8 February 2009; or

 

(h)          a person’s principal place of residence experienced a utility failure for a period of 48 hours or more.

Definitions

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

(a)         the deceased person’s partner; or

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

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

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

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

For the purposes of paragraph (f) of this schedule, a person experienced psychological trauma if:

(a)         the individual was in the immediate area of the disaster, and

(b)         any of the following occurred:

(i)         the individual was an eyewitness to a person seriously injured as a direct result of the disaster; or

(ii)        the individual was an eyewitness to the remains, body or bodies of a deceased person or persons arising as a direct result of the disaster; or

(iii)       as a direct result of the disaster, the individual was separated for 24 hours or more from an immediate family member; or

(iv)       as a direct result of the disaster, the individual’s life was under immediate threat; or

(v)        as a direct result of the disaster, the individual’s principal place of residence or real property owned by the person or business premises owned by the person, was under immediate threat.

 

For the purposes of paragraph (g) of this schedule, a person’s principal place of residence experienced a utility failure for a period of 48 hours or more since 8 February 2009 if, since 8 February 2009:

(a)         the principal place of residence was without electricity, water or gas services for a period of 48 hours or more, and

(b)         the utility outage was a result of damage to public or private infrastructure arising as a direct result of the disaster.

 

 

 

 

 

 

 

For the purposes of paragraph (h) of this schedule, a person’s principal place of residence experienced a utility failure for a period of 48 hours or more if:

(a)         the principal place of residence was without electricity, water or gas services for a period of 48 hours or more, and

(b)         the utility outage was a result of damage to public or private infrastructure arising as a direct result of the disaster.