{"id":"F2023L01727","name":"Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2)","slug":"f2023l01727","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":330212,"registerId":"commonwealth-F2023L01727-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—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/093\n\nSocial Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2)\n\nI, Madeleine King, Acting Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 19 December 2023 Time: 4:23pm AEDT\n\nMadeleine King\n\nActing Minister for Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2).\n\n2 Commencement\n\nThis instrument commences immediately after 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 the asset is damaged by severe weather, including 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 the water tank needs to be repaired or cleaned, or the water contained in the water tank is contaminated as a result of the major disaster specified in section 4 and needs to be 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 tropical cyclone Jasper that crossed into Queensland on 13 December 2023 and brought severe weather and flooding that continued in December 2023, affecting the local government areas of Cairns, Cassowary Coast, Cook, Douglas, Hope Vale, Mareeba, Tablelands, Wujal Wujal and Yarrabah.\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 missing and presumed killed or 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 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—Tropical Cyclone Jasper—December 2023) (LIN 23/092) Determination 2023 (No. 1) is repealed.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 5 expressly repeals the earlier Determination (LIN 23/092), so this instrument replaces the prior declaration. It sets the current scope by naming the disaster (Tropical Cyclone Jasper), the affected local government areas and the eligibility tests (definitions of destroyed, major damage, major asset, seriously injured, immediate family). Without the text of LIN 23/092 in this source, specific differences in eligibility criteria or geographic coverage cannot be determined from this instrument alone."},"complexity_factors":["Several bespoke defined terms with specific statutory tests (destroyed, major damage, major asset, seriously injured, immediate family).","Monetary threshold for 'major asset' ($20,000) creates a bright‑line valuation test.","Eligibility depends on discrete factual proofs (hospital admission or would‑have‑been admitted; asset valuation; structural damage) which create evidentiary and administrative burdens.","Geographic specificity — list of named local government areas limits scope to particular locations.","Instrument repeals an immediately preceding determination (s 5), indicating a replacement rather than an amendment.","Relatively short, declaratory instrument made under subsection 1061L(2) of the Social Security Act 1991, limiting interpretive complexity but tying effect to existing Act processes."],"plain_english_summary":"This instrument declares that persons affected by Tropical Cyclone Jasper (which crossed into Queensland on 13 December 2023) in specified local government areas are taken to be “adversely affected” for the purpose of triggering the Australian Government Disaster Recovery Payment, and it sets the eligibility tests and key definitions (for example: destroyed, major damage, major asset, seriously injured, immediate family).  \n\nIt affects residents, immediate family members, carers and owners of damaged assets; it matters because it defines who may receive a one‑off federal disaster payment and what thresholds or evidence (for example, $20,000 asset value or hospital admission) are required."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: declaring specific eligibility criteria for a specific disaster payment for a specific weather event. It does not expand beyond the established framework of the Australian Government Disaster Recovery Payment scheme under the Social Security Act."},"complexity_factors":["Short instrument: only 5 sections covering 2 pages","Minimal cross-referencing: only references subsection 1061L(2) of the Social Security Act 1991","Straightforward conditional logic: simple 'if X then Y' structure in section 4","Limited defined terms: only 5 defined terms (destroyed, immediate family member, major asset, major damage, seriously injured, principal place of residence)","No nested exceptions or complex temporal provisions","Clear geographic and temporal scope (specific cyclone, specific date, specific 9 LGAs)"],"plain_english_summary":"This instrument activates a one‑off Australian Government Disaster Recovery Payment for people adversely affected by Tropical Cyclone Jasper (Dec 2023) in nine Far North Queensland LGAs. It sets who’s eligible — including those seriously injured, immediate family of those killed or missing, people whose principal home was destroyed or suffered major damage, owners of major household assets destroyed, and carers of affected children — and explains key terms like “destroyed,” “major damage,” and “principal place of residence.”\n\nIt triggers Services Australia to process payments and replaces an earlier version of the instrument."},"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/f2023l01727","history":"/api/acts/f2023l01727/history","analysis":"/api/acts/f2023l01727/analysis","conflicts":"/api/acts/f2023l01727/conflicts","importantCases":"/api/acts/f2023l01727/important-cases","documents":"/api/acts/f2023l01727/documents"}}