{"id":"F2026L00097","name":"Social Security (AGDRP—Victoria—Bushfires) Determination (No. 9) 2026","slug":"social-security-agdrp-victoria-bushfires-determination-no-9-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107686,"registerId":"commonwealth-F2026L00097-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—Victoria—Bushfires) Determination (No. 9) 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 burnt or otherwise damaged by fire, heat, ash or smoke 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 bushfires that commenced on 7 January 2026 and continue through February 2026 in Victoria, which has affected, or is affecting, one or more 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—Victoria—Bushfires) Determination 2026 (No.8) 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.\n\nSchedule 1—Affected areas\n\n1 Affected areas\n\nA suburb or locality mentioned in column 3 of the following table, within a local government area mentioned in column 2 of the same item, is an affected area for the purposes of this instrument.\n\n| Item | Local government area | Suburb/Locality  |\n| ---- | --------------------- | ---------------- |\n| 1    | Ararat                | Streatham        |\n| 2    | Colac Otway           | Carlisle River   |\n| 3    | Colac Otway           | Gellibrand       |\n| 4    | Colac Otway           | Irrewillipe      |\n| 5    | Colac Otway           | Kawarren         |\n| 6    | Colac Otway           | Separation Creek |\n| 7    | Colac Otway           | Simpson          |\n| 8    | Corangamite           | Larralea         |\n| 9    | Corangamite           | Simpson          |\n| 10   | Corangamite           | Skipton          |\n| 11   | Golden Plains         | Meredith         |\n| 12   | Golden Plains         | Mount Mercer     |\n| 13   | Greater Bendigo       | Harcourt North   |\n| 14   | Horsham               | Arapiles         |\n| 15   | Horsham               | Duchembegarra    |\n| 16   | Horsham               | Mitre            |\n| 17   | Horsham               | Natimuk          |\n| 18   | Horsham               | Noradjuha        |\n| 19   | Horsham               | Quantong         |\n| 20   | Horsham               | Vectis           |\n| 21   | Mansfield             | Merton           |\n| 22   | Mitchell              | Avenel           |\n| 23   | Mitchell              | Highlands        |\n| 24   | Mitchell              | Tarcombe         |\n| 25   | Mitchell              | Whiteheads Creek |\n| 26   | Moira                 | Cobram           |\n| 27   | Moira                 | Yarroweyah       |\n| 28   | Mount Alexander       | Barkers Creek    |\n| 29   | Mount Alexander       | Harcourt         |\n| 30   | Mount Alexander       | Harcourt North   |\n| 31   | Mount Alexander       | Ravenswood South |\n| 32   | Mount Alexander       | Sutton Grange    |\n| 33   | Mount Alexander       | Walmer           |\n| 34   | Murrindindi           | Acheron          |\n| 35   | Murrindindi           | Alexandra        |\n| 36   | Murrindindi           | Cathkin          |\n| 37   | Murrindindi           | Caveat           |\n| 38   | Murrindindi           | Devils River     |\n| 39   | Murrindindi           | Dropmore         |\n| 40   | Murrindindi           | Fawcett          |\n| 41   | Murrindindi           | Ghin Ghin        |\n| 42   | Murrindindi           | Gobur            |\n| 43   | Murrindindi           | Highlands        |\n| 44   | Murrindindi           | Kanumbra         |\n| 45   | Murrindindi           | Koriella         |\n| 46   | Murrindindi           | Limestone        |\n| 47   | Murrindindi           | Maintongoon      |\n| 48   | Murrindindi           | Merton           |\n| 49   | Murrindindi           | Molesworth       |\n| 50   | Murrindindi           | Murrindindi      |\n| 51   | Murrindindi           | Ruffy            |\n| 52   | Murrindindi           | Terip Terip      |\n| 53   | Murrindindi           | Thornton         |\n| 54   | Murrindindi           | Whanregarwen     |\n| 55   | Murrindindi           | Yarck            |\n| 56   | Pyrenees              | Carranballac     |\n| 57   | Pyrenees              | Skipton          |\n| 58   | Pyrenees              | Streatham        |\n| 59   | Strathbogie           | Avenel           |\n| 60   | Strathbogie           | Creightons Creek |\n| 61   | Strathbogie           | Gooram           |\n| 62   | Strathbogie           | Longwood         |\n| 63   | Strathbogie           | Longwood East    |\n| 64   | Strathbogie           | Ruffy            |\n| 65   | Strathbogie           | Tarcombe         |\n| 66   | Strathbogie           | Upton Hill       |\n| 67   | Towong                | Berringama       |\n| 68   | Towong                | Bullioh          |\n| 69   | Towong                | Bungil           |\n| 70   | Towong                | Koetong          |\n| 71   | Towong                | Lucyvale         |\n| 72   | Towong                | Shelley          |\n| 73   | Towong                | Thologolong      |\n| 74   | Towong                | Walwa            |\n| 75   | Wellington            | Crooked River    |\n| 76   | West Wimmera          | Arapiles         |\n| 77   | West Wimmera          | Mitre            |","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier Social Security (AGDRP—Victoria—Bushfires) Determination 2026 (No.8) (s 6(1)) and restates who is “adversely affected” by the bushfires starting 7 January 2026 (s 5). It confines the statutory effect to the persons and localities listed in Schedule 1 and expires one day after two years from commencement (s 6(2))."},"complexity_factors":["Defined terminology that sets thresholds and triggers (destroyed, major asset, major damage, seriously injured) — see s 4","Cross-reference to the Social Security Act 1991, subsection 1061L(2), requiring knowledge of that Act to see downstream effects — see s 3 and s 5","Long Schedule of specific localities determining geographic scope (Schedule 1) increases administrative identification tasks","Temporal mechanics: immediate commencement, repeal of prior Determination (No.8), and automatic expiry two years after commencement — see s 2 and s 6","Narrow qualification conditions (e.g. ‘principal place of residence’, medical admission standard for ‘seriously injured’) that may require factual determinations under s 4 and s 5"],"plain_english_summary":"This Determination declares who is to be treated as “adversely affected” by the Victoria bushfires that began 7 January 2026, for the purposes of subsection 1061L(2) of the Social Security Act 1991 (see ss 3 and 5). It lists qualifying circumstances (serious injury, death or missing, destroyed or heavily damaged residence or major assets, carers) and the specific affected localities (Schedule 1). The instrument does not itself create payments; it identifies persons the Act will treat as disaster-affected (ss 4–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope of AGDRP determinations. It applies the established legislative framework to a specific disaster event (Victorian bushfires January-February 2026) without expanding beyond the original purpose of the enabling Act. The geographic coverage is specific but proportionate to the disaster footprint."},"complexity_factors":["Straightforward structure with only 6 operative sections plus a schedule","Clear definitions section with 5 defined terms, though 'major damage' has nested sub-paragraphs for different asset types","Simple conditional logic in section 5 — five alternative circumstances (a) through (e), any one of which qualifies a person","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, section 1061L(2))","Self-contained instrument with automatic repeal mechanism (sunset clause) built in","Schedule 1 is a simple lookup table of 77 geographic locations with no additional conditions"],"plain_english_summary":"This law creates a one-off Australian Government Disaster Recovery Payment for people affected by the Victorian bushfires that began 7 January 2026. It covers people seriously injured, immediate family of those killed or missing, owners whose main home or major assets were destroyed or badly damaged, and carers of affected children across 77 specified localities in 15 council areas. It replaces an earlier instrument and automatically expires two years after commencement."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-agdrp-victoria-bushfires-determination-no-9-2026","history":"/api/acts/social-security-agdrp-victoria-bushfires-determination-no-9-2026/history","analysis":"/api/acts/social-security-agdrp-victoria-bushfires-determination-no-9-2026/analysis","conflicts":"/api/acts/social-security-agdrp-victoria-bushfires-determination-no-9-2026/conflicts","importantCases":"/api/acts/social-security-agdrp-victoria-bushfires-determination-no-9-2026/important-cases","documents":"/api/acts/social-security-agdrp-victoria-bushfires-determination-no-9-2026/documents"}}