{"id":"F2022L00119","name":"Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 2)","slug":"f2022l00119","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":329728,"registerId":"commonwealth-F2022L00119-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 floods) Determination 2022 (No. 2)","content":"![Logo of Department of Home Affairs](image.001.png)\n\nSocial Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 2)\n\nI, Andrew Gee, Acting Minister for Emergency Management and National Recovery and Resilience, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 13 January 2022\n\nActing Minister for Emergency Management and National Recovery and Resilience\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (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 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, heavy rainfall and associated flooding that commenced on 7 January 2022 in Queensland affecting the local government areas of Bundaberg, Gympie, Fraser Coast and North Burnett.\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.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was created specifically to declare eligibility criteria for the Queensland floods of January 2022 in four specific local government areas. It does not expand beyond this discrete disaster event and follows the standard template for disaster recovery payment determinations."},"complexity_factors":["Short, single-purpose instrument (5 sections, ~2 pages)","Only 5 defined terms in the interpretation section","Simple conditional structure: if X applies, person is eligible","No cross-references to other legislation beyond the enabling provision (subsection 1061L(2))","Clear, specific geographic and temporal scope (4 Queensland LGAs, disaster commencing 7 January 2022)","Minimal nested logic — definitions are straightforward and eligibility criteria are listed disjunctively (any one circumstance suffices)"],"plain_english_summary":"This instrument establishes a one‑off Australian Government Disaster Recovery Payment for people affected by the severe storms and floods that began 7 January 2022 in Bundaberg, Gympie, Fraser Coast and North Burnett. It sets eligibility criteria for those seriously injured, bereaved immediate family, people whose principal home or major assets were destroyed or severely damaged, and primary carers of affected children. Made under the Social Security Act to enable rapid relief."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination does not amend the Social Security Act; it applies subsection 1061L(2) to a specified Queensland disaster and prescribes which persons are 'taken to be adversely affected' for that event (s4(1)–(2)). It narrows application to a defined event and LGAs and sets eligibility tests and definitions, rather than changing the Act's substantive scope or payment power."},"complexity_factors":["Event‑specific application limited to defined LGAs (Bundaberg, Gympie, Fraser Coast, North Burnett) (s4(1))","Several technical definitions that determine eligibility (destroyed; major damage; major asset; principal place of residence; immediate family member) (s3)","Monetary threshold for 'major asset(s)' of $20,000 creates an objective eligibility cut‑off (s3 'major asset or assets')","Proof/evidence requirements implicit in standards like 'destroyed' (demolished/unusable), 'major damage' (needs replacement/repair) and 'seriously injured' (hospital admission or would have been) (s3)","'Principal place of residence' requires settled residence and lawful right to reside, which may require documentary proof (s3(2))","Definition of 'immediate family member' is explicitly different from that in the Act (s3 note), creating potential for differing eligibility compared with other social security rules","Instrument does not itself set payment amount or process; it applies subsection 1061L(2) of the Social Security Act and so relies on accompanying Act procedures and administration (instrument header)","Commencement is immediate on signing, requiring prompt administrative action (s2)"],"plain_english_summary":"This instrument applies the Australian Government Disaster Recovery Payment (under the Social Security Act) to the severe storms, heavy rainfall and flooding that began 7 January 2022 in specified Queensland local government areas. It sets who is “taken to be adversely affected” — for example people seriously injured, next‑of‑kin of Australians killed, owners of principal residences or major assets destroyed or with major damage, and principal carers of affected children — and defines terms and objective thresholds claimants must meet."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/f2022l00119","history":"/api/acts/f2022l00119/history","analysis":"/api/acts/f2022l00119/analysis","conflicts":"/api/acts/f2022l00119/conflicts","importantCases":"/api/acts/f2022l00119/important-cases","documents":"/api/acts/f2022l00119/documents"}}