Social Security (Australian Government Disaster Recovery Payments) Determination 2011 (No. 6)

Link to law: https://www.comlaw.gov.au/Details/F2011L00255

Social Security (Australian Government Disaster Recovery Payments) Determination 2011 (No. 6)1
Social Security Act 1991
I, ROBERT MCCLELLAND, Attorney-General, make this Determination under subsection 106lL (1) of the Social Security Act 1991.
Dated 11 February 2011
 
ROBERT MCCLELLAND
Attorney-General
1              Name of Determination
                This Determination is the Social Security (Australian Government Disaster Recovery Payments) Determination 2011 (No. 6).
2              Commencement
                This Determination commences on the day after 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)    sewage 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.
utility includes water, electricity, gas and sewerage.
         (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.
Note   Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster that has such significant impact on individuals that a government response is required.
Schedule 1        Major disaster
(section 4)
  
                The heavy rainfall and associated flooding that occurred in December 2010 affecting the Pilbara, Gascoyne, Mid-West and Goldfields–Esperance regions in Western Australia.
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 experiences utility failure 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.
 
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