{"id":"F2020L00042","name":"Social Security (Australian Government disaster recovery payment—Queensland bushfires) Determination 2020 (No. 8)","slug":"f2020l00042","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":329411,"registerId":"commonwealth-F2020L00042-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Government disaster recovery payment—Queensland bushfires) Determination 2020 (No. 8)","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nSocial Security (Australian Government disaster recovery payment—Queensland bushfires) Determination 2020 (No. 8)\n\nI, 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 (the Act).\n\nDated 17 January 2020\n\nMinister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government disaster recovery payment—Queensland bushfires) Determination 2020 (No. 8).\n\n2 Commencement\n\nThis instrument commences on the day it is signed.\n\n3 Definitions\n\n(1)In this instrument:\n\n> destroyed means damaged to the extent that:\n\n(a) for a residence—it must be demolished; or\n\n(b) for a major asset or assets—it is unusable.\n\n> immediate family member, of a person, means:\n\n(a) the person’s partner; or\n\n(b) the person’s natural child, adoptive child or step-child; or\n\n(c) the person’s natural parent, adoptive parent or step-parent; or\n\n(d) the person’s legal guardian; or\n\n(e) the person’s brother, sister, step-brother or step-sister.\n\n> Note This term is used in a different sense to that used in the Act.\n\n> major asset or assets means:\n\n(a) an asset, with a market value of at least $20,000, located at the person’s principal place of residence; or\n\n(b) two or more assets, with a combined market value of at least $20,000, located at the person’s principal place of residence.\n\n> Note: Examples Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.\n\n> major damage means:\n\n(a) for a residence:\n\n(i) damage to the interior of the residence; or\n\n(ii) that the residence is structurally unsound; or\n\n(iii) damage to the residence that exposes the interior of the residence to the elements; or\n\niv) sewage contamination of the interior of the residence or of the water supply to the residence;\n\n(b) for a major asset or assets other than a water tank—that it is burnt, or damaged by heat, ash or smoke, to the extent that it needs to be replaced; or\n\n(c) for a water tank—damage to the extent that it needs to be repaired or cleaned, or the water replaced.\n\n> seriously injured, for a person, means:\n\n(a) the person has sustained an injury; and\n\n(b) because of the injury:\n\n(i) the person was admitted to hospital; or\n\n(ii) under normal circumstances, the person would have been admitted to hospital.\n\n(2)A place of residence is a person’s principal place of residence if:\n\n(a) the person regularly lives at the place with a degree of settled purpose; and\n\n(b) the person has a lawful right to reside at the place; and\n\n(c) the place is not:\n\n(i) a prison or a place of detention; or\n\n(ii) a secondary residence used for holidays.\n\n> Note It is possible for a person to have more than 1 principal place of residence.\n\n4 Person adversely affected by a major disaster\n\n(1)This section applies to the major disaster being bushfires occurring in September 2019 in Queensland affecting the local government areas of Noosa, Scenic Rim, Southern Downs and Sunshine Coast.\n\n(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:\n\n(a) the person is seriously injured as a direct result of the disaster;\n\n(b) the person is an immediate family member of an Australian who is killed as a direct result of the disaster;\n\n(c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;\n\n(d) a major asset or assets of the person has or have been destroyed or suffered major damage as a direct result of the disaster;\n\n(e) the person is a principal carer of a child to whom paragraphs (a), (b), (c) or (d) apply.\n\n5 Repeal\n\nSocial Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2019 (No. 7) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment—Queensland Bushfires) Determination 2019 (No. 7) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose: declaring specific Queensland bushfires as a 'major disaster' for the purposes of triggering the Australian Government Disaster Recovery Payment. It does not expand beyond the specific geographic areas (four local government areas) and the specific event (September 2019 bushfires) originally intended. The repeal of the 2019 predecessor and replacement with substantively identical eligibility criteria indicates maintenance of scope, not expansion."},"complexity_factors":["Short, single-purpose instrument (6 sections, ~2 pages)","Only 5 defined terms in section 3, with clear, plain-English definitions","No cross-references to other legislation beyond the enabling provision (subsection 1061L(2) of the Social Security Act 1991)","Simple conditional structure: if disaster X and circumstance Y, then payment applies","Straightforward repeal and savings provision (section 5-6) with no transitional traps"],"plain_english_summary":"This instrument activates a one‑off federal disaster payment for people affected by the September 2019 bushfires in Noosa, Scenic Rim, Southern Downs and Sunshine Coast council areas. It covers people seriously injured, immediate family of those who died, homeowners whose primary residence was destroyed or majorly damaged, those who lost major assets at their main home (threshold $20,000), and primary carers of affected children. It replaces the earlier 2019 determination while maintaining coverage for prior applicants and recipients."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces the earlier Determination (No.7) but includes a savings clause preserving prior actions as if done under this instrument (s5–6). On its face it sets out the same categories of persons to be treated as 'adversely affected' for the Australian Government Disaster Recovery Payment (s4) and therefore does not indicate a substantive change of scope from the prior instrument."},"complexity_factors":["Legal cross‑reference to the Social Security Act 1991 (subsection 1061L(2)) — this instrument operates by deeming persons 'adversely affected' under that Act rather than setting payment mechanics (s4).","Multiple technical definitions that condition eligibility: 'destroyed', 'major damage', 'major asset or assets' (with a $20,000 market‑value threshold), 'seriously injured', and 'principal place of residence' — each narrows or clarifies coverage and creates evidentiary points (s3).","Geographic and temporal specificity: applies only to bushfires in September 2019 in named local government areas (s4(1)), limiting the instrument's reach.","Administrative effects: commencement on signature (s2) and ministerial making under a statutory subsection (instrument issued by Minister) mean implementation depends on administrative processes under the Act.","Repeal and transitional continuity: repeals the 2019 (No.7) Determination but preserves actions already taken under it (s5–6), which keeps prior decisions valid while replacing the instrument.","Eligibility nuance that creates compliance burdens: tests such as 'lawful right to reside', exclusion of prisons/holiday homes, hospital admission (or would have been) for 'seriously injured', and valuation of assets imply documentary proof will be required (s3(2), s3 definitions, s4(2))."],"plain_english_summary":"Designates which people are taken to be adversely affected by the September 2019 Queensland bushfires (Noosa, Scenic Rim, Southern Downs, Sunshine Coast) for the purposes of the Australian Government Disaster Recovery Payment. It covers people seriously injured, immediate family of someone killed, those whose principal residence or major assets (≥$20,000) were destroyed or suffered major damage, and principal carers of affected children, and preserves actions under the earlier (No.7) determination."}},"importantCases":[],"_links":{"self":"/api/acts/f2020l00042","history":"/api/acts/f2020l00042/history","analysis":"/api/acts/f2020l00042/analysis","conflicts":"/api/acts/f2020l00042/conflicts","importantCases":"/api/acts/f2020l00042/important-cases","documents":"/api/acts/f2020l00042/documents"}}