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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 flooding in Victoria and sets out the circumstances in which a person is to be regarded as 'adversely affected' by the flooding.
Administered by: Home Affairs
Registered 19 Jan 2011
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate09-Feb-2011

I, ROBERT MCCLELLAND, Attorney-General, make this Determination under subsection 1061L (2) of the Social Security Act 1991.

Dated 19 January 2011

 

ROBERT MCCLELLAND


1              Name of Determination

                This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2011 (No. 3).

2              Commencement

                This Determination commences on the day it is registered.

3              Definitions

         (1)   In this Determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

                (a)    the person’s partner; or

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

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

               (d)    the person’s legal guardian; or

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

Note   This term is used in a different sense to that used in the Act.

major damage, for a residence, means:

                (a)    damage to at least a quarter of the interior of the residence; or

               (b)    that the residence is structurally unsound; or 

                (c)    damage to the residence that exposes at least a quarter of the interior of the residence to the elements; or

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

seriously injured, for a person, means:

                (a)    the person has sustained an injury; and

               (b)    because of the injury:

                          (i)    the person was admitted to hospital; or

                         (ii)    under normal circumstances, the person would have been admitted to hospital.

         (2)   In this Determination, a place of residence is a person’s principal place of residence if the person:

                (a)    normally resides at the place; and

               (b)    has a lawful right to reside at the place.

4              Person 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 a way mentioned in Schedule 2.


Schedule 1        Major disaster

(section 4)

  

                The flooding in the State of Victoria determined to be a major disaster under section 36 of the Act by the Attorney-General on 19 January 2011.

Schedule 2        Circumstances in which person adversely affected

(section 4)

  

                A person is adversely affected by a major disaster mentioned in Schedule 1 if:

                (a)    as a direct result of the disaster:

                          (i)    the person is seriously injured; or

                         (ii)    the person is an immediate family member of an Australian who is killed; or

                        (iii)    the person’s principal place of residence has been destroyed or has sustained major damage; or

                        (iv)    the person is unable to gain access to his or her principal place of residence for at least 24 hours; or

                         (v)    the person is stranded in his or her principal place of residence for at least 24 hours; or

               (b)    as a result of the disaster, the person’s principal place of residence was without electricity, water, gas, sewerage service or another essential service for at least 48 hours; or

                (c)    the person is the principal carer of a child to whom paragraph (a) or (b) applies.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.