{"id":"F2025L00418","name":"Social Security (AGDRP—Ex-Tropical Cyclone Alfred—Queensland) Determination (No. 4) 2025","slug":"social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106238,"registerId":"commonwealth-F2025L00418-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—Queensland) Determination (No. 4) 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":"Repeals","content":"#### 6 Repeals\n\n  (1) Under subsection 1061L(2) of the Act, the Social Security (AGDRP—Ex-Tropical Cyclone Alfred—Queensland) Determination (No. 3) 2025 is repealed immediately after the commencement of this instrument.\n\n  \n\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":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the earlier Determination (No.3) and re-establishes criteria for who is taken to be adversely affected by Tropical Cyclone Alfred. The text supplied does not state an expansion or narrowing of the categories compared with the prior Determination; it mainly sets definitions, a $20,000 asset threshold, geographic application via Schedule 1 and a two-year expiry — see s5 and s6."},"complexity_factors":["Reliance on multiple bespoke definitions (destroyed, major damage, major asset, seriously injured, immediate family member) that determine eligibility — see s4 and s5(2).","Monetary threshold for 'major asset' ($20,000) introduces a valuation requirement and borderline cases — s4 (major asset).","Geographic scope requires cross-reference to Schedule 1 (areas affected), adding an external dependency — s5(1).","Temporal rules: immediate commencement on signing and automatic repeal one day after two years create a fixed availability window — s2 and s6(2).","Repeals a prior instrument on commencement, so administrators must manage transition from Determination (No.3) — s6(1).","Potential evidentiary and residency proofs are required (principal place of residence, injury/admission to hospital) though the instrument does not set evidentiary standards, leaving operational discretion to administrators — s4(2) and s5(2).","Terminology divergence: 'immediate family member' is defined differently here than in the Act, requiring careful interpretation against the Act — s4 (note).","Multiple principal residence possibility affects eligibility assessments and adds factual complexity — s4(2)."],"plain_english_summary":"**What it does:** Declares people affected by the severe weather and flooding from (Ex-)Tropical Cyclone Alfred (from 4 March 2025) in listed Queensland areas to be ‘adversely affected’ under the Social Security Act, so they may be recognised for disaster-related social security measures. It sets who qualifies (serious injury; immediate family of missing/killed persons; destroyed or major-damaged principal residence or major assets; and carers), fixes a $20,000 threshold for ‘major asset’, repeals Determination No.3 and expires after two years."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original narrow purpose: declaring eligibility criteria for a specific disaster payment for a specific weather event. It does not expand beyond the standard AGDRP framework established by the parent Act."},"complexity_factors":["Short instrument: only 6 sections plus definitions","Straightforward conditional logic: 5 clear eligibility criteria in section 5(2)","Minimal cross-referencing: only refers to section 1061L(2) of the Social Security Act 1991","7 defined terms in section 4, but all are concrete and clearly explained","No nested exceptions or complex temporal provisions beyond a simple 2-year sunset clause","Self-contained: doesn't require reading multiple other instruments to understand eligibility"],"plain_english_summary":"This determination defines who is \"adversely affected\" by Ex‑Tropical Cyclone Alfred (March 2025) for eligibility to the one‑off Australian Government Disaster Recovery Payment—covering seriously injured people, immediate family of those killed or missing, residents whose principal home was destroyed or majorly damaged, those who lost major assets (≥$20,000), and carers of affected children. It activates AGDRP for the listed Queensland areas, replaces Determination No. 3, and expires after two years."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025","history":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025/history","analysis":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025/analysis","conflicts":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025/conflicts","importantCases":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025/important-cases","documents":"/api/acts/social-security-agdrp-ex-tropical-cyclone-alfred-queensland-determination-no-4-2025/documents"}}