{"id":"F2026L00310","name":"Social Security (AGDRP—Northern Territory—Flooding—February to March) Determination (No. 2) 2026","slug":"social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107861,"registerId":"commonwealth-F2026L00310-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—Northern Territory—Flooding—February to March) Determination (No. 2) 2026.","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 heavy rainfall and 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 to the major disaster being the flooding in the Northern Territory of Australia, associated with a number of slow-moving tropical low weather systems, that commenced on 3 February 2026 and continues in March 2026, which has affected, or is affecting, one or more of the areas mentioned 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—Northern Territory—Flooding—February to March) Determination 2026 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":{"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":"This instrument repeals a prior Determination and re‑states criteria for who is treated as adversely affected by the Northern Territory flooding. The text does not provide the earlier Determination’s content, so there is no basis within this instrument to conclude a change in substantive scope; it appears to re‑activate AGDRP entitlement for specified circumstances and areas (see ss5–6)."},"complexity_factors":["Targeted activation of an existing social security power (made under s1061L(2) of the Social Security Act 1991) — requires cross‑reference to primary legislation (s3).","Detailed eligibility definitions in section 4 (terms like ‘major asset’, ‘major damage’, ‘destroyed’, ‘seriously injured’, and ‘immediate family member’) create multiple factual thresholds and evidentiary points.","Monetary threshold for a ‘major asset’ (market value ≥ $20,000) introduces valuation issues and potential disputes about asset aggregation (s4).","Residence test for ‘principal place of residence’ sets factual criteria (regular residence, lawful right, exclusions) that affect eligibility and verification (s4(2)).","Temporal and territorial elements: disaster period specified (commenced 3 Feb 2026 and continues in March 2026) and affected areas are in Schedule 1, which must be checked to determine who is covered (s5).","Repeal and expiry mechanics: immediate repeal of a prior Determination on commencement and automatic repeal two years after commencement create lifecycle and administrative transition tasks (s6)."],"plain_english_summary":"This instrument activates the Australian Government Disaster Recovery Payment (AGDRP) for the Northern Territory flooding that began 3 February 2026. It sets who counts as “adversely affected” (serious injury, missing/killed immediate family, destroyed or major‑damaged principal residence or major asset valued ≥$20,000, or carers of affected children), takes effect on signing, repeals an earlier Determination, and expires two years after commencement."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope for AGDRP determinations. It follows the established template for declaring disasters and setting eligibility criteria under section 1061L(2) of the Social Security Act 1991. The scope is appropriately limited to the specific Northern Territory flooding event and does not expand beyond the original legislative purpose of providing disaster recovery payments."},"complexity_factors":["Short instrument: only 6 sections plus schedule","Limited cross-referencing: only references section 1061L(2) of the Social Security Act 1991","Straightforward structure: definitions section followed by single operative section setting eligibility criteria","Moderate definitional complexity: 5 defined terms with nested sub-paragraphs, but all are concrete and descriptive rather than abstract legal concepts","No exceptions to exceptions or deeply nested conditional logic","Self-terminating: includes automatic repeal after 2 years"],"plain_english_summary":"This instrument declares the Northern Territory floods from 3 Feb–Mar 2026 a \"major disaster\" so affected people can claim the one‑off Australian Government Disaster Recovery Payment. It sets who is eligible—people directly harmed by serious injury, death/missing of an immediate family member, destruction or major damage to their main home, or loss/damage to major assets—and includes carers of affected children.\n\nIt replaces Determination No.1 and expires two years after commencement."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026","history":"/api/acts/social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026/history","analysis":"/api/acts/social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026/analysis","conflicts":"/api/acts/social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026/conflicts","importantCases":"/api/acts/social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026/important-cases","documents":"/api/acts/social-security-agdrp-northern-territory-flooding-february-to-march-determination-no-2-2026/documents"}}