{"id":"F2022L01435","name":"Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – July 2022) Determination 2022 (No. 5)","slug":"f2022l01435","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":329874,"registerId":"commonwealth-F2022L01435-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—New South Wales floods – July 2022) Determination 2022 (No. 5)","content":"![Logo of Department of Home Affairs](image.001.png)\n\nLIN 22/086\n\nSocial Security (Australian Government Disaster Recovery Payment—New South Wales floods – July 2022) Determination 2022 (No. 5)\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 4 October 2022\n\nMURRAY WATT\n\nMinister for Emergency Management\n\n1 Name\n\n(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods - July 2022) Determination 2022 (No. 5).\n\n(2) This instrument may be cited as LIN22/086.\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 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 27 June 2022 in New South Wales affecting the local government areas of Bayside, Blacktown, Blue Mountains, Camden, Campbelltown, Canterbury Bankstown, Central Coast, Cessnock, Cumberland, Dungog, Fairfield, Georges River, Hawkesbury, Hornsby, Kempsey, Kiama, Lake Macquarie, Lithgow, Liverpool, Maitland, Mid-Coast, Muswellbrook, Nambucca, Narromine, Newcastle, Northern Beaches, Oberon, Parramatta, Penrith, Port Macquarie Hastings, Port Stephens, Randwick, Shellharbour, Shoalhaven, Singleton, Strathfield, Sutherland, The Hills, Upper Lachlan, Warren, Wingecarribee, Wollondilly and Wollongong.\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 citizen or resident 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 of the person has 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\nThe Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – July 2022) Determination 2022 (No. 4) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – July 2022) Determination 2022 (No. 4) continues to have 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 its original narrow purpose: activating disaster recovery payments for a specific flood event in specific NSW locations. It does not expand beyond this discrete administrative function."},"complexity_factors":["Short, single-purpose instrument (6 sections, ~2 pages)","5 defined terms in section 3, all with clear, concrete definitions","Simple conditional structure: if you meet any of 5 criteria (4a-4e), you qualify","One cross-reference only (to Social Security Act 1991, subsection 1061L(2))","No nested exceptions or complex temporal provisions","Geographic scope clearly listed as 43 named local government areas","Straightforward repeal and savings provision (section 5-6)"],"plain_english_summary":"This determination sets eligibility for a one‑off Australian Government Disaster Recovery Payment for floods in 43 NSW LGAs from 27 June–July 2022. It covers people seriously injured, immediate family of flood fatalities, residents whose main home was destroyed or suffered major damage, owners of major assets (≥ $20,000) destroyed or badly damaged, and principal carers of affected children.\n\nIt replaces the earlier instrument (No. 4) so eligible applicants can access prompt financial assistance without reapplying."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces the earlier Determination (No. 4) but preserves anything already done under it (ss.5–6). It maintains the same eligibility categories and geographic nominations in order to designate the NSW July 2022 floods as a major disaster for AGDRP purposes (s.4), so there is no substantive expansion or narrowing of scope evident within this text."},"complexity_factors":["Multiple statutory definitions (destroyed, major asset, major damage, seriously injured, immediate family) that determine eligibility and require factual assessment.","Large, specific list of local government areas affected (s.4(1)) that limits geographic scope.","Monetary threshold for 'major asset' (market value ≥ $20,000) introduces valuation and evidentiary issues.","Clinical threshold for 'seriously injured' (hospital admission or would have been) creates discretionary medical assessment.","Interaction with the Social Security Act (subsection 1061L(2)) requires administrative integration with existing benefit rules.","Repeal and savings clauses (ss.5–6) preserve prior actions while replacing the earlier instrument, affecting transitional handling."],"plain_english_summary":"This instrument declares the July 2022 New South Wales floods a \"major disaster\" for the purpose of the Australian Government Disaster Recovery Payment (AGDRP) and specifies who counts as \"adversely affected\" so they can qualify for the payment (serious injury, immediate family of a person killed, destroyed or majorly damaged principal residence or major assets, or a principal carer). The Australian Government funds the AGDRP and the Minister for Emergency Management made the determination; the instrument also repeals the prior similar determination and preserves actions already taken (ss.4, 5–6)."},"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/f2022l01435","history":"/api/acts/f2022l01435/history","analysis":"/api/acts/f2022l01435/analysis","conflicts":"/api/acts/f2022l01435/conflicts","importantCases":"/api/acts/f2022l01435/important-cases","documents":"/api/acts/f2022l01435/documents"}}