{"id":"F2021L01429","name":"Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 8)","slug":"f2021l01429","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":329695,"registerId":"commonwealth-F2021L01429-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—Victorian storms and floods) Determination 2021 (No. 8)","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nSocial Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 8)\n\nI, Bridget McKenzie, Minister for Emergency Management and National Recovery and Resilience, make this instrument under subsection 1061L(2) of the Social Security Act 1991 (the Act).\n\nDated 1 October 2021\n\nMinister for Emergency Management and National Recovery and Resilience\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (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) 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 by the heavy rainfall or by flood waters, 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 the severe storms and associated flooding that occurred between 9 June 2021 and 17 June 2021 in Victoria affecting the local government areas of Bass Coast, Baw Baw, Cardinia, Hepburn, Latrobe, Macedon Ranges, Moorabool, Mornington Peninsula, South Gippsland, Wellington and Yarra Ranges.\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—Victorian storms and floods) Determination 2021 (No. 7) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment—Victorian storms and floods) Determination 2021 (No. 7) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope: declaring eligibility criteria for a specific disaster event in specific locations. It does not expand beyond the disaster recovery payment purpose established by the parent Act."},"complexity_factors":["Short, single-purpose instrument (6 sections, ~2 pages)","Only 5 defined terms in section 3, with clear, plain English definitions","Simple conditional structure: if X disaster and Y circumstance, then eligible","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, section 1061L(2))","No nested exceptions or complex temporal provisions","Straightforward repeal and savings provision in sections 5-6"],"plain_english_summary":"This instrument activates a one‑off Australian Government Disaster Recovery Payment for people in 11 Victorian council areas affected by June 2021 storms and floods. It defines who is \"adversely affected\" — seriously injured, immediate family of a deceased person, homes or major assets destroyed/majorly damaged, or main carers of qualifying children — so Services Australia can process payments. It replaces Determination 2021 (No. 7) while preserving prior applications and decisions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains the same operational effect as the prior Determination by identifying who is taken to be adversely affected for subsection 1061L(2) of the Social Security Act for the specified Victorian storm and flood event, and it expressly repeals the earlier Determination while preserving actions already taken under it (see ss 4–6)."},"complexity_factors":["Narrow temporal and geographic scope: specific dates (9–17 June 2021) and a defined list of local government areas (s 4(1))","Defined eligibility terms with technical tests (e.g. 'destroyed', 'major damage', 'seriously injured') that require factual assessment","Monetary threshold for 'major asset' (market value at least $20,000) introduces valuation and evidentiary issues (s 3)","Cross-reference to Social Security Act subsection 1061L(2) means this instrument operates by statutory gateway rather than creating a standalone entitlement","'Immediate family member' is defined for this instrument differently from the Act (note to s 3), creating potential interpretive mismatch","Clause on 'principal place of residence' sets multi-part legal test (s 3(2)), including exclusions (prison, holiday residence)","Repeal of the prior determination with a savings/transitional clause preserves earlier actions but requires administrators to map previous decisions to the new instrument (ss 5–6)"],"plain_english_summary":"This instrument declares the severe storms and floods in specified Victorian local government areas between 9 and 17 June 2021 to be a ‘major disaster’ for the purposes of subsection 1061L(2) of the Social Security Act 1991 and specifies who is taken to be adversely affected. That declaration — covering the seriously injured, bereaved immediate family, residents whose principal residence or major assets were destroyed or suffered major damage, and principal carers of affected children — makes those persons eligible for the *Australian Government Disaster Recovery Payment*; it repeals an earlier similar determination while preserving prior actions."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/f2021l01429","history":"/api/acts/f2021l01429/history","analysis":"/api/acts/f2021l01429/analysis","conflicts":"/api/acts/f2021l01429/conflicts","importantCases":"/api/acts/f2021l01429/important-cases","documents":"/api/acts/f2021l01429/documents"}}