Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This Determination gives effect to a declaration under section 36 of the Social Security Act 1991 that applies to the series of storms in the State of Victoria that began on 5 March 2010 and that continued until 7 March 2010 and sets out the circumstances in which a person is to be regarded as 'adversely affected' by the series of storms.
Administered by: Attorney-General's
Registered 23 Mar 2010
Tabling HistoryDate
Tabled HR11-May-2010
Tabled Senate11-May-2010
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2)

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             19th March                                          2010

 

 

 

 

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 2010 (No. 2).

 

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 means a residence has been destroyed as a direct result of the disaster or has been 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 interior of the residence has been submerged by flood waters or affected by associated debris; or

 

(b)               the residence has been declared structurally unsound as supported by evidence; or

 

(c)               the residence has been breached, exposing at least one‑quarter of the interior of the residence to the elements; or

 

(d)               the interior of the residence has experienced sewerage contamination.

 

seriously injured in relation to a person means:

 

(a)               the person has sustained an injury or injuries; 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 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 series of storms in the State of Victoria that began on 5 March 2010 and that continued until 7 March 2010.

 

 

Schedule 2        Adverse circumstances

                             (section 5)

 

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

 

(a)          a person was seriously injured; or

 

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

 

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

 

(d)          where a person (the Principal Carer) is the principal carer of a dependent child (the Dependent Child) and:

 

(i)                 the Dependent Child was seriously injured; or

 

(ii)               the Dependent Child’s principal place of residence has been destroyed; or

 

(iii)             the Dependent Child’s principal place of residence has sustained major damage.