{"id":"F2022L01740","name":"Social Security (Australian Government Disaster Recovery Payment— Victorian floods – October 2022) Determination 2022 (No. 10)","slug":"f2022l01740","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":329976,"registerId":"commonwealth-F2022L01740-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 floods – October 2022) Determination 2022 (No. 10)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 22/115\n\nSocial Security (Australian Government Disaster Recovery Payment— Victorian floods – October 2022) Determination 2022 (No. 10)\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 16 December 2022\n\nMURRAY WATT\n\nMinister for Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster —Victorian floods - October 2022) Determination 2022 (No. 10).\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 storm or flood 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\nseriously 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 the storms and flooding that commenced on 6 October 2022 in Victoria affecting the local government areas of Benalla, Boroondara, Buloke, Campaspe, Central Goldfields, Corangamite, Gannawarra, Golden Plains, Greater Bendigo, Greater Shepparton, Hepburn, Loddon, Macedon Ranges, Maribyrnong, Maroondah, Melbourne, Mildura, Mitchell, Moira, Moonee Valley, Mornington Peninsula, Mount Alexander, Murrindindi, Northern Grampians, Pyrenees, Southern Grampians, Strathbogie, Swan Hill, Wangaratta, Yarra 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 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\nSocial Security (Australian Government Disaster Recovery Payment – Victorian floods – October 2022) Determination 2022 (No. 9) (LIN 22/110) is repealed.\n\n6 Savings and transitional\n\nAnything done under Social Security (Australian Government Disaster Recovery Payment – Victorian floods – October 2022) Determination 2022 (No. 9) continues to have 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 performs exactly the function intended by its enabling provision (Social Security Act 1991, s 1061L): declaring a specific disaster and setting eligibility criteria for the associated payment. It has not expanded beyond this purpose."},"complexity_factors":["Short, single-purpose instrument (6 sections, ~2 pages)","Only 5 defined terms in section 3, all with plain-English explanations","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, s 1061L(2))","Simple conditional logic: if you meet any of 5 listed circumstances in section 4(2), you qualify","No nested exceptions or complex temporal provisions","Straightforward repeal and savings provision (section 5-6) that preserves existing claims"],"plain_english_summary":"This instrument declares the storms and flooding from 6 October 2022 a “major disaster” for 32 Victorian local government areas, activating a one‑off Australian Government Disaster Recovery Payment (AGDRP). It defines who is “adversely affected” — e.g. those seriously injured, immediate family of deceased, people whose main home was destroyed or suffered major damage, owners of major assets destroyed, or principal carers — allowing Centrelink to process and pay claims. It replaces an earlier determination; existing processed claims remain valid."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument defines eligibility criteria and affected Victorian local government areas for the Australian Government Disaster Recovery Payment and replaces the immediately prior Determination. The repeal and savings clauses (sections 5–6) preserve prior actions, so it does not materially expand or narrow scope beyond setting the same eligibility framework for this event."},"complexity_factors":["Multiple detailed definitions that determine eligibility thresholds and tests (e.g. 'destroyed', 'major asset' with a $20,000 market‑value threshold, 'major damage', 'seriously injured') — section 3.","Prescriptive but interpretive damage standards that require administrative judgment (terms like 'unusable', 'structurally unsound', 'needs to be replaced', 'exposes the interior to the elements') — section 3 (major damage/destroyed).","Geographic specificity — a long list of affected local government areas that limits where the determination applies — section 4(1).","Interplay with the Social Security Act (instrument made under subsection 1061L(2)) so administrators must apply this instrument in the Act’s framework — instrument preamble and section 4(2).","Evidentiary and eligibility checks required: assessing hospital admission or likelihood thereof for 'seriously injured', lawful right to reside and settled purpose for 'principal place of residence', and market valuation for 'major asset(s)' — sections 3(1), 3(2) and 4(2).","Administrative continuity: repeal of the prior Determination and a savings clause preserving actions already taken under it, which affects transitional administration — sections 5–6."],"plain_english_summary":"This instrument sets who counts as eligible for the Australian Government Disaster Recovery Payment after the October 2022 storms and floods in specified Victorian local government areas. It defines eligible categories — people seriously injured, immediate family of someone killed, people whose principal residence or major assets were destroyed or suffered major damage, and primary carers of affected children. It matters because it fixes entitlements, the evidentiary and valuation tests officials must apply, and therefore who can receive a one‑off federal payment."},"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/f2022l01740","history":"/api/acts/f2022l01740/history","analysis":"/api/acts/f2022l01740/analysis","conflicts":"/api/acts/f2022l01740/conflicts","importantCases":"/api/acts/f2022l01740/important-cases","documents":"/api/acts/f2022l01740/documents"}}