{"id":"F2025L00379","name":"Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 3) 2025","slug":"social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106182,"registerId":"commonwealth-F2025L00379-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 3) 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences immediately after it is signed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 1061L(2) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  (1) In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> destroyed means damaged to the extent that:\n\n    (a) for a residence—it must be demolished; or\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    (b) the person’s natural child, adoptive child or step-child; or\n    (c) the person’s natural parent, adoptive parent or step-parent; or\n    (d) the person’s legal guardian; or\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    (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    (i) damage to the interior of the residence; or\n    (ii) that the residence is structurally unsound; or\n    (iii) damage to the residence that exposes the interior of the residence to the elements; or\n    (iv) sewage contamination of the interior of the residence; or\n    (b) for a major asset or assets other than a water tank—that the asset is damaged by severe weather or flooding to the extent that it needs to be replaced; or\n    (c) for a major asset that is a water tank—damage to the extent that the tank needs to be repaired or cleaned, or the water contained in it needs to be replaced.\n\n> seriously injured, for a person, means:\n\n    (a) the person has sustained an injury; and\n    (b) because of the injury:\n    (i) the person was admitted to hospital; or\n    (ii) under normal circumstances, the person would have been admitted to hospital.\n  (2) A place of residence is a person’s principal place of residence if:\n    (a) the person regularly lives at the place with a degree of settled purpose; and\n    (b) the person has a lawful right to reside at the place; and\n    (c) the place is not:\n    (i) a prison or a place of detention; or\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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Person adversely affected by a major disaster","content":"#### 5 Person adversely affected by a major disaster\n\n  (1) This section applies in relation to the major disaster being the severe weather and flooding from Tropical Cyclone Alfred (including as Ex-Tropical Cyclone Alfred) that commenced on 4 March 2025 and which has affected, or is affecting, one or more of the areas listed in Schedule 1.\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    (a) the person is seriously injured as a direct result of the disaster;\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    (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;\n    (d) a major asset of the person has been destroyed or has major damage as a direct result of the disaster;\n    (e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal","content":"#### 6 Repeal\n\n  (1) Under subsection 1061L(2) of the Act, the Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 2025 is repealed immediately after the commencement of this instrument.\n  (2) This instrument is repealed on the day after the end of the period of two years that begins on the day the instrument commences.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original narrow purpose: activating disaster recovery payments for a specific cyclone event in specific NSW areas. It does not expand beyond the standard AGDRP framework established by the parent Act."},"complexity_factors":["Short instrument: only 6 sections plus definitions","Limited cross-referencing: only references section 1061L(2) of the Social Security Act 1991","Straightforward conditional logic: simple 'if any of the following apply' structure in section 5","Moderate defined terms: 6 key terms defined (destroyed, immediate family member, major asset, major damage, seriously injured, principal place of residence)","No nested exceptions or complex temporal provisions beyond standard sunset clause (2-year repeal)","Clear causal link required: damage must be 'as a direct result of the disaster'"],"plain_english_summary":"This instrument declares the severe weather and flooding from Ex‑Tropical Cyclone Alfred (from 4 March 2025) a “major disaster” for listed NSW areas and sets who counts as “adversely affected” for a one‑off Australian Government Disaster Recovery Payment (AGDRP).  \n\nEligible people include those seriously injured, immediate family of someone killed or missing, residents whose principal home was destroyed or suffered major damage, owners of major assets (worth $20,000+) destroyed or badly damaged, and carers of affected children. It replaces an earlier version and expires in two years."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the Social Security (AGDRP—Ex‑Tropical Cyclone Alfred—New South Wales) Determination (No. 2) immediately on commencement (s6(1)) and re‑states who is to be treated as 'adversely affected' with updated definitions, thresholds and a two‑year duration (see ss4–6). Without the text of the repealed Determination No. 2 provided here, the precise substantive differences cannot be determined from this instrument alone."},"complexity_factors":["Defined thresholds and tests that require factual verification: 'major asset' uses a $20,000 market value threshold and 'major damage' and 'destroyed' require assessment of usability or demolition (see s4 definitions).","Causation and timing requirement: persons must be affected 'as a direct result of the disaster' (see s5(2)), which may require administrative factual inquiries.","Medical evidentiary standard for 'seriously injured': requires hospital admission or that, under normal circumstances, admission would have occurred—introduces clinical judgement (see s4 definition of 'seriously injured').","Residence test: 'principal place of residence' is defined by settled purpose and lawful right to reside and excludes prisons and holiday homes, so eligibility depends on residency facts (see s4(2)).","Geographic scope tied to Schedule 1 (areas affected)—scope depends on an external schedule rather than only on these clauses (see s5(1)).","Instrument interaction and lifecycle: made under s1061L(2) of the Act (s3), it repeals the prior Determination immediately (s6(1)) and automatically expires one day after two years (s6(2)), creating a limited administrative window.","Variation from Act terminology: 'immediate family member' is defined here and used differently than in the Act, requiring administrators to apply the instrument's definition (see s4 and s5(2)(b)).","Compliance burdens: verifying market values, structural damage, causation, and family relationships will impose evidentiary tasks on claimants and administration (implicit throughout s4 and s5)."],"plain_english_summary":"This instrument, made under s1061L(2) of the Social Security Act 1991, treats people in specified New South Wales areas affected by severe weather and flooding from (Ex‑)Tropical Cyclone Alfred (commencing 4 March 2025) as “adversely affected” for social security purposes. Qualifying circumstances include serious injury, death or missing immediate family, destruction or major damage to a principal residence or major assets (threshold $20,000), and carers. It takes effect on signing, repeals the prior Determination and is time‑limited to two years."},"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/social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025","history":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025/history","analysis":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025/analysis","conflicts":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025/conflicts","importantCases":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025/important-cases","documents":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-new-south-wales-determination-no-3-2025/documents"}}