{"id":"F2026L00427","name":"Social Security (AGDRP—Western Australia—Severe Tropical Cyclone Narelle) Determination 2026","slug":"social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":361608,"registerId":"commonwealth-F2026L00427-current","compilationNumber":null,"startDate":"2026-04-09","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—Western Australia—Severe Tropical Cyclone Narelle) Determination 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 flooded or damaged by severe weather 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 effects of Severe Tropical Cyclone Narelle in Western Australia, including as a result of associated severe weather and flooding, and isolation of one or more areas, which have affected, or are affecting, one or more of the areas listed in Schedule 1 on or after 25 March 2026 (including through April 2026).\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  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 2 of the following table, within a local government area mentioned in column 1 of the same item, is an affected area for the purposes of this instrument.\n\n| Item | Column 1  | Column 2          |\n| ---- | --------- | ----------------- |\n| 1    | Carnarvon | Carnarvon         |\n| 2    | Carnarvon | Coral Bay         |\n| 3    | Carnarvon | Inggarda          |\n| 4    | Carnarvon | Kennedy Range     |\n| 5    | Carnarvon | Lyndon            |\n| 6    | Carnarvon | Minilya           |\n| 7    | Carnarvon | North Plantations |\n| 8    | Carnarvon | Wooramel          |\n| 9    | Carnarvon | Yandoo Creek      |\n| 10   | Exmouth   | Exmouth           |\n| 11   | Exmouth   | Learmonth         |\n| 12   | Exmouth   | North West Cape   |","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original narrow purpose: declaring a specific cyclone event in specific WA locations as a 'major disaster' to trigger AGDRP eligibility. It does not expand beyond this disaster-specific, geographically-limited function."},"complexity_factors":["Short, single-purpose instrument (6 sections plus schedule)","Only 5 defined terms in section 4, with straightforward definitions","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, section 1061L(2))","Simple conditional structure: if you meet any of 5 criteria (a)-(e), you qualify","No nested exceptions or complex logical operators","Geographic scope limited to 12 specific localities in 2 local government areas, clearly listed in a table","Self-repealing mechanism (section 6) is automatic and unconditional"],"plain_english_summary":"This temporary rule declares parts of Western Australia affected by Severe Tropical Cyclone Narelle eligible for the Australian Government Disaster Recovery Payment (one-off federal relief). It lets residents and visitors in the named communities who suffered death, serious injury, or loss/destruction of their home or major assets claim emergency payments ($1,000 adult / $400 child), enabling access to immediate relief for recovery costs."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument applies the Social Security Act power (subsection 1061L(2)) to a specific disaster, defining who is treated as adversely affected and the affected areas and period (s3; s5; Schedule 1; s6). It does not broaden the statutory categories; it confines application to the listed localities, defined circumstances, and a two-year duration."},"complexity_factors":["Narrow geographic and temporal scope: applies only to listed localities and to events on or after 25 March 2026 (s5(1); Schedule 1).","Clear, enumerated eligibility criteria for being ‘adversely affected’ (s5(2)).","Multiple defined technical terms (destroyed; major damage; major asset; seriously injured; immediate family member; principal place of residence) that set thresholds and evidentiary points (s4(1)–(2)).","Monetary threshold for a ‘major asset’ (market value at least $20,000) creates a bright-line test (s4 major asset).","Automatic time-limited repeal two years after commencement creates predictable expiry (s6).","Instrument is declaratory under statutory authority (s3 — subsection 1061L(2) of the Act) so legal effect depends on interaction with the wider Social Security Act.","Administrative verification burden: claimants/agency must establish the disaster was the direct cause of the listed circumstances (s5(2)), implying evidence-gathering and assessment work for Centrelink/claimants."],"plain_english_summary":"This instrument declares that people affected by Severe Tropical Cyclone Narelle in specified Western Australian localities on or after 25 March 2026 are to be treated as “adversely affected” for the purposes of the Social Security Act. It sets straightforward tests—serious injury, missing or killed immediate family, destruction or major damage to a principal residence or major assets, and carers of affected children—and lists the affected suburbs. The declaration starts on signing and lasts for two years, enabling disaster-related social security treatment under the Act."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026","history":"/api/acts/social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026/history","analysis":"/api/acts/social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026/analysis","conflicts":"/api/acts/social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026/conflicts","importantCases":"/api/acts/social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026/important-cases","documents":"/api/acts/social-security-agdrp-western-australia-severe-tropical-cyclone-narelle-determination-2026/documents"}}