{"id":"F2022L00543","name":"Social Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 6)","slug":"f2022l00543","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319183,"registerId":"commonwealth-F2022L00543-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—South East Queensland floods) Determination 2022 (No. 6)","content":"![Logo of Department of Home Affairs](image.001.png)\n\nSocial Security (Australian Government Disaster Recovery Payment—South East Queensland floods) Determination 2022 (No. 6)\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.\n\nDated 30 March 2022\n\nBridget McKenzie\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—South East Queensland floods) Determination 2022 (No. 6).\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 weather, heavy rainfall and associated flooding that commenced on 22 February 2022 in Queensland affecting the local government areas of Balonne, Brisbane, Bundaberg, Cherbourg, Fraser Coast, Gladstone, Gold Coast, Goondiwindi, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, Toowoomba and Western Downs.\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 – South East Queensland floods) Determination 2022 (No.5) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment – South East Queensland floods) Determination 2022 (No.5) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope of disaster recovery determinations. It follows the established template for activating the Australian Government Disaster Recovery Payment under the Social Security Act 1991 — specifying the disaster event, affected areas, and eligibility criteria. There is no evidence of scope creep beyond the original legislative intent of providing targeted, time-limited disaster relief payments."},"complexity_factors":["Short, self-contained instrument (6 sections, ~2 pages)","Only 5 defined terms in section 3, with clear, plain-English definitions","Single cross-reference to the Social Security Act 1991 (subsection 1061L(2)) — the enabling provision","Simple conditional structure: 'if any of the following circumstances apply' with 5 straightforward eligibility triggers","No nested exceptions or complex temporal provisions","Geographic scope limited to specific named local government areas (23 councils)","Savings provision in section 6 is standard and uncomplicated"],"plain_english_summary":"This instrument activates a one‑off Australian Government Disaster Recovery Payment for people adversely affected by the South East Queensland floods that began 22 February 2022. It defines who qualifies—those seriously injured, bereaved of an immediate family member, whose principal residence or major assets were destroyed or badly damaged, or main carers of affected children—and enables Centrelink to process payments, replacing an earlier version while preserving payments already made."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces the earlier Determination (No.5) and preserves anything already done under that instrument (ss5–6). It does not expand or narrow the listed disaster area or eligibility categories beyond those set out here: it defines the affected LGAs and the criteria (injury, death, principal residence destruction/major damage, major asset loss, carers) for being 'adversely affected' under subsection 1061L(2) of the Social Security Act (s4)."},"complexity_factors":["Multiple defined terms with operational thresholds and different tests (e.g. 'destroyed', 'major damage', 'seriously injured') that determine eligibility (see s3).","Monetary threshold for 'major asset' (market value at least $20,000) creates a bright-line valuation test (s3).","Different treatment for specific asset types (water tanks have a repair/clean/replace standard) increases rule granularity (s3).","Geographic list of affected local government areas limits scope to specified places, requiring administrators to verify location (s4(1)).","Eligibility is conferred by a statutory deeming provision which interacts with subsection 1061L(2) of the Social Security Act 1991, creating dependency on that Act (s4(2)).","Subjective residency criteria ('regularly lives', 'degree of settled purpose', 'lawful right to reside') introduce evidentiary and assessment discretion (s3(2)).","Medical standard for 'seriously injured' includes both actual hospital admission and a 'would have been' counterfactual, adding evidentiary complexity (s3).","Administrative transitions: the instrument repeals the prior Determination and contains a savings clause preserving prior actions, affecting continuity of existing claims (ss5–6).","Immediate commencement on signing shortens lead time for implementation and claimant awareness (s2)."],"plain_english_summary":"This instrument designates the South East Queensland floods (from 22 February 2022) as a ‘major disaster’ for the Australian Government Disaster Recovery Payment and sets who qualifies. It specifies geographic areas and concrete eligibility rules.\n\nIt applies to people seriously injured, immediate family of those killed, owners/residents whose principal residence or major assets were destroyed or suffered major damage, and principal carers of affected children; claimants must provide evidence such as hospital admission or proof of damage."},"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/f2022l00543","history":"/api/acts/f2022l00543/history","analysis":"/api/acts/f2022l00543/analysis","conflicts":"/api/acts/f2022l00543/conflicts","importantCases":"/api/acts/f2022l00543/important-cases","documents":"/api/acts/f2022l00543/documents"}}