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Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Explanatory Statement

 

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

 

The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.

 

Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP.  One of the qualification criteria requires a person to be “adversely affected by a major disaster”.

 

Subsection 1061L(1) of the Act provides that, for the purposes of the Act, “a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster”.

 

Subsection 1061L(2) of the Act provides that the “Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster”.

 

Section 36 of the Act empowers the Minister to determine in writing that an event is a “major disaster” if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a Commonwealth Government response is required.

 

The Minister has made a declaration under section 36 of the Act 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.

 

The Social Security (Australian Government Disaster Recovery Payment) Determination 2010 (No. 2) (the Determination) gives effect to the declaration referred to above and sets out the circumstances in which a person is to be regarded as “adversely affected” by the series of storms.

 

Section 1 of the Determination specifies the name of the determination.

 

Section 2 of the Determination provides that it commences on the date it is signed.

 

Section 3 contains definitions relevant to the Determination.

 

Section 4 contains a definition of “principal place of residence”.

 

Section 5 provides that for the purposes of subsection 1061L(2) of the Act, a person is adversely affected by a disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.

 

Schedule 1 to the Determination applies to the series of storms in the State of Victoria that began on 5 March 2010 and that continued until 7 March 2010.

Schedule 2 to the Determination provides six circumstances where a person is adversely affected as a direct result of the major disaster referred to in Schedule 1.

 

The first circumstance is where the person was seriously injured.

 

The second circumstance is where the person’s principal place of residence has been destroyed.

 

The third circumstance is where a person’s principal place of residence has sustained major damage.

 

A further three circumstances occur where a person is the principal carer of a dependent child and any of the three situations specified in subparagraphs (i) to (iii) of paragraph (d) of Schedule 2 (referred to above) apply. These three circumstances mirror the circumstances set out in paragraphs (a) to (c) of Schedule 2.

 

What constitutes “destroyed” “major damage” and “seriously injured” is defined in section 3 of the Determination.

 

Subsection 1061L(3) of the Act provides that a determination under section 1061L is a legislative instrument.

 

The Determination is not subject to disallowance by the Parliament (subsection 1061L(3) of the Act provides that section 42 of the Legislative Instruments Act 2003 does not apply to the Determination).

 

Formal consultation has not been undertaken as the Determination was required as a matter of urgency.