Social Security (Waiver of Debts — Victorian Bushfires) (DEEWR) Specification 2009
Social Security Act 1991
I, BRENDAN O’CONNOR, Minister for Employment Participation, make this Specification under section 1237AB of the Social Security Act 1991.
Dated 7 May 2009
Brendan O’Connor
Minister for Employment Participation
1              Name of Specification
                This Specification is the Social Security (Waiver of Debts — Victorian Bushfires) (DEEWR) Specification 2009.
2              Commencement
                This Specification commences on the day after the end of the period for disallowing it.
Note   For that period, see section 42 of the Legislative Instruments Act 2003.
3              Definitions
                In this Specification:
Act means the Social Security Act 1991.
affected family member, of a person, means an individual:
                (a)    who is the person’s partner; or
               (b)    who is the natural parent, adoptive parent or step‑parent of the person; or
                (c)    who is a legal guardian of the person, or was a legal guardian of the person when the person was under 18 years; or
               (d)    who is the natural child, adoptive child or step‑child of the person; or
                (e)    who is the brother, sister, stepbrother or stepsister of the person.
                bushfire period means the period:
                (a)    beginning on 29 January 2009; and
               (b)    ending at the end of 29 April 2009.
destroyed, for a person’s principal place of residence, includes damage to the residence to the extent that it must be demolished.
partner means a person who is a member of a couple within the meaning of section 4 of the Social Security Act 1991.
seriously injured, for a person, means:
                (a)    the person sustained injury; and
               (b)    either the person was admitted, or required admittance, to hospital.
4              Specification of class of debts
                For section 1237AB of the Act, a debt is in a specified class if:
                (a)    it was incurred by a person for a period that occurred either wholly or partly during the bushfire period; and
               (b)    the person was adversely affected by the bushfires in Victoria during the bushfire period; and
                (c)    if the debt was incurred for a period occurring partly during the bushfire period — it is the part of the debt attributable to days occurring in the bushfire period.
5              Adversely affected by the Victorian bushfires
         (1)   A person is adversely affected by the bushfires in Victoria if, as a direct result of the bushfires:
                (a)    the person was seriously injured; or
               (b)    an affected family member of the person was killed; or
                (c)    the person’s principal place of residence was destroyed; or
               (d)    the person’s principal place of residence sustained major damage; or
                (e)    the person was unable to return to his or her principal place of residence for at least 24 hours; or
                (f)    a utility failure occurred in the person’s principal place of residence; or
                (g)    the person experienced psychological trauma.
         (2)   A person is unable to return to the person’s principal place of residence if the person cannot return to the residence, as supported by evidence.
         (3)   A person’s principal place of residence sustains major damage if:
                (a)    at least one quarter of the residence has been damaged; or
               (b)    the residence became structurally unsound, as supported by evidence.
         (4)   A place is a person’s principal place of residence if:
                (a)    the person normally resides in the place; and
               (b)    the person has a right or licence entitling the person to reside in the place.
         (5)   A utility failure occurred in a residence if:
                (a)    there was a failure in the supply of electricity, water or gas to the residence for at least 48 hours; or
               (b)    the sewerage for the residence failed for at least 24 hours; or
                (c)    sewerage contamination occurred in the residence.
         (6)   A person experiences psychological trauma if:
                (a)    the person was in the immediate area of the bushfires in Victoria; and
               (b)    any of the following occurred:
                          (i)    the person was an eyewitness to a person seriously injured during the bushfires;
                         (ii)    the person was an eyewitness to the remains, body or bodies of a deceased person or persons killed as a result of the bushfires;
                         (iii)    the person was separated for at least 24 hours from an affected family member who was in the immediate area of the bushfires;
                        (iv)    the person’s life was under immediate threat;
                         (v)    the person’s principal place of residence was under immediate threat;
                        (vi)    business premises, or other real property, owned by the person, were under immediate threat.
6              Debts to which section 4 does not apply
                Section 4 does not apply to the following:
                (a)    a debt incurred by a person if the person knowingly made a false or misleading statement, or knowingly provided false information, to the Commonwealth in relation to that debt;
               (b)    a debt incurred under Division 5 of Part 3.14 of the Act.