{"id":"F2025L00511","name":"Social Security (AGDRP—Western Queensland Heavy Rainfall and Flooding) Determination (No. 2) 2025","slug":"social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106301,"registerId":"commonwealth-F2025L00511-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—Western Queensland Heavy Rainfall and Flooding) Determination (No. 2) 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 flooded or has water damage 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 heavy rainfall and flooding in western Queensland, associated with a surface trough meteorological event, that commenced on 21 March 2025 and has affected, or is affecting, one or more of the locations 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—Western Queensland Heavy Rainfall and Flooding) Determination 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":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original narrow purpose: declaring a specific disaster and setting eligibility criteria for the associated payment. It does not expand beyond the standard template for AGDRP determinations."},"complexity_factors":["Short instrument: only 6 sections plus definitions","Minimal cross-referencing: only references to Social Security Act 1991, section 1061L(2)","Straightforward conditional logic: simple 'if X then Y' eligibility criteria in section 5(2)","Limited defined terms: 6 defined terms (Act, destroyed, immediate family member, major asset, major damage, seriously injured), all with clear, concrete definitions","No nested exceptions or complex temporal provisions beyond standard sunset clause (2-year repeal)","Single purpose instrument with no policy riders or unrelated provisions"],"plain_english_summary":"This instrument declares the heavy rainfall and flooding in western Queensland from 21 March 2025 a \"major disaster\" for the Australian Government Disaster Recovery Payment, enabling eligible residents to seek a one‑off payment. It covers people who suffered serious injury, death or missing immediate family, destruction or major damage to homes, or loss/damage to major assets (valued $20,000+), and carers of affected children.\n\nIt replaces an earlier 2025 determination, specifies covered locations in Schedule 1, and expires after two years."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination applies the standard AGDRP eligibility categories set out for subsection 1061L(2) to the specified Western Queensland event (s5). It replaces the earlier 2025 determination immediately (s6(1)) and imposes a two‑year expiry (s6(2)). The instrument does not broaden or narrow the statutory categories themselves; it designates the affected event, defines terms for application, and sets temporal limits."},"complexity_factors":["Detailed technical definitions in s4 (eg, 'destroyed', 'major asset', 'major damage', 'seriously injured', 'immediate family'), which require factual assessment against statutory thresholds (s4).","Valuation threshold for a 'major asset' (market value at least $20,000) creates an evidentiary/valuation task for applicants and administrators (s4 'major asset').","Medical-evidence boundary for 'seriously injured' requires proof of hospital admission or a counterfactual medical standard ('would have been admitted') (s4 'seriously injured'), raising potential discretionary assessment points.","Principal place of residence test combines subjective residency facts with objective exclusions (prison, holiday home) and a 'lawful right to reside' requirement, creating verification burdens (s4(2)).","Scope is geographically tied to locations in Schedule 1 and a specific commencement date (21 March 2025), making eligibility dependent on temporal and spatial criteria not fully stated in the main text (s5(1)).","Interplay with an immediately repealed prior determination introduces an administrative transition (s6(1)), requiring clear replacement of records and claims handling.","Instrument commences on signing (s2) and is time-limited to two years (s6(2)), which imposes a fixed administrative window for claims and reviews.","Legal basis reference to subsection 1061L(2) of the Social Security Act (s3) ties practical effect to statutory payment/assistance mechanics outside this instrument, so implementation depends on coordination with broader Social Security Act processes."],"plain_english_summary":"This instrument designates who is \"adversely affected\" by the Western Queensland heavy rainfall and flooding (from 21 March 2025) for the purposes of subsection 1061L(2) of the Social Security Act. It sets objective categories (serious injury, death/missing of an immediate family member, destroyed or major-damaged principal residence or major assets, or carers) and defines key terms (eg, \"major asset\", \"major damage\"). It replaces an earlier determination and automatically expires two years after commencement."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025","history":"/api/acts/social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025/history","analysis":"/api/acts/social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025/analysis","conflicts":"/api/acts/social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025/conflicts","importantCases":"/api/acts/social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025/important-cases","documents":"/api/acts/social-security-agdrp-western-queensland-heavy-rainfall-and-flooding-determination-no-2-2025/documents"}}