{"id":"F2023L00005","name":"Social Security (Australian Government Disaster Recovery Payment—Tasmanian floods - October 2022) Determination 2022 (No.2)","slug":"f2023l00005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":329977,"registerId":"commonwealth-F2023L00005-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—Tasmanian floods - October 2022) Determination 2022 (No.2)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 22/094\n\nSocial Security (Australian Government Disaster Recovery Payment—Tasmanian floods - October 2022) Determination 2022 (No. 2)\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 17 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—Tasmanian floods - October 2022) Determination 2022 (No.2).\n\n(2) This instrument may be cited as LIN22/094.\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 storms 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 storms and flooding that commenced on 12 October 2022 in Tasmania affecting the local government areas of Central Coast, Devonport, Kentish, Launceston, Latrobe and Meander Valley.\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 – Tasmanian floods – October 2022) Determination 2022 (LIN 22/092) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment – Tasmanian floods – October 2022) Determination 2022 (LIN 22/092) 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 maintains its original narrow purpose: activating disaster payments for a specific event in specific locations. It does not expand beyond the original intent of the AGDRP framework."},"complexity_factors":["Short length (6 sections, approximately 2 pages)","Limited cross-referencing (only references subsection 1061L(2) of the Social Security Act 1991)","Straightforward conditional logic (simple 'if X then Y' eligibility criteria in section 4)","Minimal defined terms (5 definitions in section 3, all concrete and descriptive)","No nested exceptions or complex temporal provisions","Single purpose instrument with clear geographic and temporal scope"],"plain_english_summary":"This instrument declares the storms and flooding from 12 October 2022 in six Tasmanian council areas a “major disaster,” triggering a one‑off Australian Government Disaster Recovery Payment for people seriously injured, bereaved, whose main home was destroyed or majorly damaged, or who lost major assets or are primary carers of affected children.  \n\nIt lets Centrelink process claims (repeals an earlier instrument but preserves payments already made)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument expressly repeals LIN22/092 (s5) and preserves actions done under it (s6). On its face it replaces the earlier instrument and sets the eligibility rules and geographic/date bounds for the Tasmanian storms and floods (s3–4). The text demonstrates administrative continuity rather than indicating an expansion or contraction of the categories that are taken to be adversely affected."},"complexity_factors":["Multiple technical definitions in s3 (destroyed, major damage, major asset, seriously injured) create interpretive and evidentiary questions for administrators and applicants.","Valuation threshold for a 'major asset' ($20,000) in s3 requires market-value assessments and may generate disputes over worth and aggregation of assets.","The 'principal place of residence' test in s3(2) relies on fact-intensive criteria ('regularly lives... with a degree of settled purpose' and 'lawful right to reside'), increasing proof requirements.","Medical evidence standard for 'seriously injured' (hospital admission or would have been admitted) in s3 requires clinical judgment and documentary proof.","Eligibility criteria are event- and geography-specific (s4(1) lists the disaster date and LGAs), so scope is tightly time- and place-bound but must be applied case-by-case.","The instrument operates by reference to subsection 1061L(2) of the Social Security Act (preamble) requiring cross-reference to the Act for full effect.","Repeal and savings provisions (s5–s6) create an administrative continuity layer: prior decisions remain effective but require mapping between instruments."],"plain_english_summary":"This determination designates who is taken to be “adversely affected” by the storms and flooding that began 12 October 2022 in specified Tasmanian local government areas for the purpose of the Australian Government Disaster Recovery Payment. It covers people seriously injured or bereaved, owners whose principal residence or major assets (≥ $20,000) were destroyed or suffered major damage, and principal carers of affected children; it repeals an earlier determination while preserving actions already taken under it."},"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/f2023l00005","history":"/api/acts/f2023l00005/history","analysis":"/api/acts/f2023l00005/analysis","conflicts":"/api/acts/f2023l00005/conflicts","importantCases":"/api/acts/f2023l00005/important-cases","documents":"/api/acts/f2023l00005/documents"}}