{"id":"F2025L00648","name":"Social Security (AGDRP—NSW East Coast Severe Weather and Flooding) Determination (No. 3) 2025","slug":"social-security-agdrp-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106425,"registerId":"commonwealth-F2025L00648-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—NSW East Coast Severe Weather and Flooding) 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 to the major disaster being the severe weather and flooding in the east coast region of New South Wales that commenced on 18 May 2025 and 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—NSW East Coast Severe Weather and Flooding) 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":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope for AGDRP determinations. It follows the established template for declaring who is adversely affected by a specific major disaster, with no expansion beyond the original legislative intent of providing targeted disaster relief payments."},"complexity_factors":["Short instrument (6 sections, ~2 pages)","7 defined terms in section 4, but all are concrete and clearly explained","Simple conditional structure: if X circumstance applies, person qualifies","No nested exceptions or complex cross-referencing beyond the enabling Act","Self-terminating (sunset clause) in section 6(2) adds minimal complexity","Straightforward repeal of predecessor instrument"],"plain_english_summary":"This temporary determination activates the Australian Government Disaster Recovery Payment for people in specified NSW east coast areas impacted by severe weather and flooding from 18 May 2025. It covers claimants who were seriously injured, had an immediate family member killed or missing, had their principal home destroyed or majorly damaged, or lost a major asset worth $20,000+ — and carers of qualifying children.\n\nIt replaces the earlier determination and will automatically expire two years after commencement."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier Social Security (AGDRP—NSW East Coast Severe Weather and Flooding) Determination (No.2) 2025 by repealing it on commencement (s6(1)) and restates the disaster declaration and eligibility criteria (s5) with specific definitions and a $20,000 major-asset threshold (s4). It also imposes a two-year expiry from commencement (s6(2))."},"complexity_factors":["Reliance on technical definitions and thresholds (e.g. major asset = market value ≥ $20,000) — s4","Non-standard definition of 'immediate family member' distinct from the Act — s4","Operational tests with subjective elements (e.g. 'regularly lives... with a degree of settled purpose') — s4(2)","Medical standard with a counterfactual ('would have been admitted to hospital') introducing evidential judgment — s4 seriously injured","Dependency on an external geographic list (Schedule 1) to fix affected areas — s5","Interaction with subsection 1061L(2) of the Social Security Act requires administrative application of the Act to declared criteria — ss3,5","Temporal and transitional mechanics: repeal of Determination (No.2) on commencement and automatic expiry after two years — s6"],"plain_english_summary":"This instrument declares the NSW east-coast severe weather and flooding beginning 18 May 2025 a \"major disaster\" for Australian Government Disaster Recovery Payment (AGDRP) purposes and sets who is taken to be adversely affected. It defines key terms (residence, major asset, destroyed, major damage, seriously injured), fixes a $20,000 asset threshold, repeals the prior Determination (No.2) and expires after two years.\n\nIt affects residents, asset owners, injured people, immediate family and carers. It matters because it triggers payment eligibility, requires evidence of damage or injury and creates administrative assessment and compliance tasks for claimants and officials."},"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-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025","history":"/api/acts/social-security-agdrp-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025/history","analysis":"/api/acts/social-security-agdrp-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025/analysis","conflicts":"/api/acts/social-security-agdrp-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025/conflicts","importantCases":"/api/acts/social-security-agdrp-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025/important-cases","documents":"/api/acts/social-security-agdrp-nsw-east-coast-severe-weather-and-flooding-determination-no-3-2025/documents"}}