Federal Register of Legislation - Australian Government

Primary content

LIN 20/022 Determinations/Social Security as made
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. (Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 2)- LIN 20/022 is such a Determination in relation to the areas affected by the bushfires as set out in section 4 of the Determination.
Administered by: Home Affairs
General Comments: For a savings and transitional provision relating to the repeal of this determination, see section 6 of the Social Security (Australian Government disaster recovery payment—New South Wales bushfires) Determination 2020 (No. 6).
Registered 08 Jan 2020
Date of repeal 17 Jan 2020
Repealed by Social Security (Australian Government disaster recovery payment—New South Wales bushfires) Determination 2020 (No. 6)

Commonwealth Coat of Arms of Australia

 

Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 2)

I, David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, make the following determination under subsection 1061L(2) of the Social Security Act 1991.

Dated: 6 January 2020

 

 

David Littleproud

 

The Hon. David Littleproud MP

Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

 

 


1  Name

(1)          This instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales Bushfires) Determination 2020 (No. 2)

(2)          This instrument may also be cited as LIN 20/022.

2 Commencement

This instrument commences on the day it is signed.

Note:          Any retrospective application of this instrument is permitted by operation of subsection 12(2) of the Legislation Act 2003.

3  Definitions

(1)     In this instrument:

Act means the Social Security Act 1991.

destroyed, for a place of residence, include 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 step-child; 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, step-brother or step-sister.

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

major damage, for a residence, means:

(a)   damage to the interior of the residence; or

(b)   that the residence is structurally unsound; or

(c)   damage to the residence that exposes the interior of the residence to the elements; or

(d)   sewage contamination of the interior of the residence or of the water supply to 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)     A place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place unless the place is:

(a)     a prison or a place of detention; or

(b)     a secondary residence used for holidays.

Note:          It is possible for a person to have more than one principal place of residence.

4         Person adversely affected by a major disaster

(1)          This section applies to the major disaster being bushfires occurring in August, September, October, November and December 2019, and January 2020, in New South Wales, affecting the local government areas of Armidale, Bega Valley, Blue Mountains, Central Coast, Cessnock, Clarence Valley, Coffs Harbour, Eurobodalla, Glen Innes Severn, Hawkesbury, Kempsey, Kyogle, Lismore, Lithgow, Mid Coast, Mid-Western, Nambucca,
Port Macquarie-Hastings, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, Snowy Valleys, Tenterfield, Walcha, Wingecarribee and Wollondilly.

(2)     For the purposes of subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if one or more of the following circumstances apply:

(a)     the person is seriously injured as a direct result of the disaster; or

(b)     the person is an immediate family member of an Australian who is killed as a direct result of the disaster; or

(c)     the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster; or

(d)     the person is a principal carer of a child to whom paragraphs (a), (b) or (c) apply.

5  Repeal

According to subsection 33(3) of the Acts Interpretation Act 1901, the Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2020 (No. 1) is repealed.

6  Savings and transitional

Despite section 5, anything done under the Social Security (Australian Government Disaster Recovery Payment – New South Wales Bushfires) Determination 2020 (No. 1) continues to be in effect as if it had been done under this instrument.