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Determinations/Social Security as made
This Determination applies to the earthquakes and associated tsunamis that occurred on 30 September 2009 (AEST) and impacted Pacific Islands including the islands of Samoa, American Samoa and Tonga and sets out the circumstances in which a person is to be regarded as “adversely affected” by this event.
Administered by: Attorney-General's
Registered 08 Oct 2009
Tabling HistoryDate
Tabled HR19-Oct-2009
Tabled Senate26-Oct-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Repealed by Spent and Redundant Instruments Repeal Regulation 2014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. 6)

 

Social Security Act 1991

 

I, TANYA PLIBERSEK, Minister for Housing, Minister for the Status of Women make this Determination under subsection 1061L(2) of the Social Security Act 1991.

 

Dated                         5th October                                         2009

 

 

Tanya Plibersek

 

Minister for Housing, Minister for the Status of Women

 

 

1       Name of Determination

 

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 6).

 

2       Commencement

 

This Determination commences on the day it is signed.

 

3       Definitions

 

In this Determination:

 

Act means the Social Security Act 1991.

 

Australian means a person who satisfies, or immediately prior to their death satisfied, paragraph 1061K(1)(b) of the Act.


immediate family member in relation to a victim means a person who is the victim’s:

 

(a)    partner; or

 

(b)    child, adoptive child or step-child; or

 

(c)     parent, adoptive parent, step‑parent or parent in law; or

 

(d)    legal guardian; or

 

(e)    brother, sister, step-brother or step-sister; or

 

(f)      grandparent; or

 

(g)    grandchild.

 

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 would require admittance to hospital.

 

victim means an Australian who died, was declared missing or was seriously injured as a direct result of the major disaster.

 

4          Person taken to be adversely affected by a major 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 earthquakes and associated tsunamis that occurred on 30 September 2009 (AEST) and impacted Pacific Islands including:

 

(a)    the islands of Samoa;

 

(b)    the islands of American Samoa; and

 

(c)     the islands of Tonga.

 

Schedule 2        Adverse circumstances

(section 4)

 

A person is adversely affected by the major disaster mentioned in Schedule 1 where the person is an Australian and: 

(1)    the person was, on 30 September 2009 (AEST), in an area directly impacted by the major disaster and as a direct result of that disaster:

 

(a)    the person was seriously injured; or

 

(b)    the person was an eye witness to a person seriously injured in the disaster; or

 

(c)     the person was an eye witness to the remains, body or bodies of a person or persons killed; or

 

(2)    the person is:

 

(a)    an immediate family member of a victim; and

 

(b)    considered to be one of up to three of the most appropriate immediate family members of a victim to make a claim for the Australian Government Disaster Recovery Payment in respect of the major disaster mentioned in Schedule 1.