{"id":"F2021L00508","name":"Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 2)","slug":"f2021l00508","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319147,"registerId":"commonwealth-F2021L00508-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—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 2)","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 21/035\n\nSocial Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 2)\n\nI, David Littleproud, Minister for Agriculture, Drought, and Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991 (the Act).\n\nDated 16 April 2021\n\nDavid Littleproud\n\nMinister for Agriculture, Drought and Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 2).\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) 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\n(iv) sewage contamination of the interior of the residence or of the water supply to the residence; or\n\n(b) for a major asset or assets other than a water tank—that it is damaged to the extent that it needs to be replaced; or\n\n(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.\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 Tropical Cyclone Seroja that occurred in Western Australia on 11 April 2021 affecting the local government areas of Carnamah, Chapman Valley, Greater Geraldton, Mingenew, Morawa, Northampton, Perenjori and Three Springs.\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 paragraph (a), (b), (c) or (d) applies.\n\n5 Repeal\n\nSocial Security (Australian Government Disaster Recovery Payment— Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment— Western Australia Tropical Cyclone Seroja) Determination 2021 (No. 1) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier Determination (No. 1) by repealing it (s5) and re‑making the event‑specific eligibility rules for Tropical Cyclone Seroja (s4). The savings clause preserves actions taken under the earlier instrument (s6), so operational effect continues while the legislative form is updated."},"complexity_factors":["Event‑specific scope limited to named local government areas (s4(1)) — low breadth but requires precise geographic verification.","Multiple detailed eligibility definitions (destroyed, major damage, major asset, seriously injured, principal place of residence) introducing evidentiary and valuation tasks (s3 and s4(2)(c)-(d)).","Monetary threshold for 'major asset' (market value ≥ $20,000) requires asset valuation procedures and potential disputes (s3 'major asset or assets').","Medical assessment ambiguity: 'seriously injured' includes cases where, under normal circumstances, hospital admission would have occurred — introduces counterfactual clinical judgment (s3 'seriously injured').","Family and carer relationships used for eligibility (immediate family member, principal carer) require proof of relationships and care responsibilities (s3; s4(2)(b),(e)).","Cross‑reference to subsection 1061L(2) of the Social Security Act requires administrative alignment with existing Social Security payment frameworks and processes.","Repeal of the prior determination and a savings/transitional clause mean administrators must reconcile actions taken under the earlier instrument with this instrument (ss5–6)."],"plain_english_summary":"This instrument designates people affected by Tropical Cyclone Seroja (11 April 2021) in specified Western Australian local government areas as eligible under subsection 1061L(2) of the Social Security Act for the Australian Government Disaster Recovery Payment. It sets clear, event‑specific rules about who counts as ‘adversely affected’ (seriously injured, killed family member, destroyed or majorly damaged residence or major assets, or a principal carer), which triggers one‑off federal disaster payment entitlement for qualifying individuals."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: establishing eligibility criteria for a specific disaster payment for a specific event (Tropical Cyclone Seroja) in specific locations. It does not expand beyond the standard template used for disaster recovery determinations."},"complexity_factors":["Short instrument: only 6 sections covering 3 pages","Limited cross-referencing: only references subsection 1061L(2) of the Social Security Act 1991","Clear structure: definitions section followed by eligibility criteria","Minimal conditional logic: simple 'if any of the following apply' test in section 4","Straightforward definitions: 5 defined terms with plain English explanations and helpful examples (e.g., list of what counts as major assets)","No nested exceptions or complex temporal provisions","Savings provision in section 6 is standard and simple"],"plain_english_summary":"This instrument declares Tropical Cyclone Seroja (11 April 2021) a \"major disaster\" under the Social Security Act for specified Western Australian local government areas, triggering the one‑off Australian Government Disaster Recovery Payment. It sets who is \"adversely affected\" and therefore eligible—people seriously injured, immediate family of cyclone fatalities, those whose main home or major assets were destroyed or badly damaged, and principal carers of eligible children.\n\nIt also repeals an earlier instrument while preserving coverage for prior applicants."}},"importantCases":[],"_links":{"self":"/api/acts/f2021l00508","history":"/api/acts/f2021l00508/history","analysis":"/api/acts/f2021l00508/analysis","conflicts":"/api/acts/f2021l00508/conflicts","importantCases":"/api/acts/f2021l00508/important-cases","documents":"/api/acts/f2021l00508/documents"}}