I, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.
Dated 12 February 2024 Time: 9:51 a.m. (AEDT)
Murray Watt
Minister for Emergency Management
Contents
1 Name...............................................3
2 Commencement.........................................3
3 Definitions............................................3
4 Persons adversely affected by a major disaster.......................4
Schedule 1—Affected areas 5
List of affected suburbs 5
This instrument is the Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding—December 2023 to January 2024) (LIN 24/0026) Determination 2024 (No. 4).
This instrument commences immediately after it is signed.
(1) In this instrument:
destroyed means damaged to the extent that:
(a) for a residence—it must be demolished; or
(b) for a major asset or assets—it is unusable.
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 asset means:
(a) an asset, with a market value of at least $20 000, located at the person’s principal place of residence; or
(b) assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.
Examples Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.
major damage means:
(a) for a residence:
(i) damage to the interior of the residence; or
(ii) that the residence is structurally unsound; or
(iii) damage to the residence that exposes the interior of the residence to the elements; or
(iv) sewage contamination of the interior of the residence; or
(b) for a major asset or assets other than a water tank—that it is flooded, or damaged by severe weather to the extent that it needs to be replaced; or
(c) for a major asset that is a water tank—damage to the extent that it needs to be repaired or cleaned, or the water replaced.
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:
(a) the person regularly lives at the place with a degree of settled purpose; and
(b) the person has a lawful right to reside at the place; and
(c) the place is not:
(i) a prison or a place of detention; or
(ii) a secondary residence used for holidays.
Note It is possible for a person to have more than 1 principal place of residence.
4 Person adversely affected by a major disaster
(1) This section applies to the major disaster being the severe storms and associated flooding that commenced on 24 December 2023 and continued through to 12 January 2024 (inclusive) in Queensland, affecting the suburbs mentioned in Schedule 1.
(2) For subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if any of the following circumstances apply:
(a) the person is seriously injured as a direct result of the disaster;
(b) the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the disaster;
(c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;
(d) a major asset of the person has been destroyed or suffered major damage as a direct result of the disaster;
(e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.
5 Repeal
Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding—December 2023 to January 2024) (LIN 24/019) Determination 2024 (No. 3) is repealed.
6 Savings and transitional
Anything done under the Social Security (Australian Government Disaster Recovery Payment—South East Queensland Severe Storms and Flooding—December 2023 to January 2024) (LIN 24/0019) Determination 2024 (No. 3) continues to have effect as if it had been done under this instrument.
Schedule 1—Affected Areas
List of Affected Suburbs
The suburbs mentioned in column 2 of the following table, within the local government areas mentioned in column 1, are the affected areas for the purposes of subsection 4(1) of this instrument.
Column 1 | Column 2 |
City of Gold Coast | Arundel Ashmore Biggera Waters Bonogin Burleigh Heads Burleigh Waters Carrara Clagiraba Coombabah Coomera Currumbin Waters Elanora Gaven Gilston Guanaba Helensvale Hollywell Hope Island Kingsholme Labrador Lower Beechmont Maudsland Mermaid Waters Merrimac Molendinar Mount Nathan Mudgeeraba Nerang Ormeau Oxenford Pacific Pines Palm Beach Paradise Point Parkwood Pimpama Reedy Creek Robina Runaway Bay Southport Springbrook Tallai Tallebudgera Tugun Upper Coomera Varsity Lakes Willow Vale Wongawallan Worongary |
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City of Logan
| Cedar Creek Cedar Grove Cedar Vale Eagleby Flagstone Glenlogan Holmview Jimboomba Logan Village Mundoolun Riverbend Tamborine Veresdale Woodhill Yarrabilba |
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Scenic Rim Region | Beaudesert Beechmont Gleneagle Tamborine Tamborine Mountain Veresdale |