{"id":"F2024L00165","name":"Social Security (Australian Government Disaster Recovery Payment—Heavy Rainfall and Flooding—City of Moreton Bay Local Government Area—January 2024) Determination (No. 1) 2024","slug":"social-security-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442274,"registerId":"F2024L00165-fast-fetch-1775957331602","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Government Disaster Recovery Payment—Heavy Rainfall and Flooding—City of Moreton Bay Local Government Area—January 2024) Determination (No. 1) 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 24/028\n\n \n\nSocial Security (Australian Government Disaster Recovery Payment—Heavy Rainfall and Flooding—City of Moreton Bay Local Government Area—January 2024) Determination (No. 1) 2024\n\nI, Murray Watt, Minister for Emergency Management, make this determination under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 12 February 2024  Time: 9:51 a.m. (AEDT) \n\n![Signature of Murray Watt, Minister for Emergency Management ](image.002.png)  Murray Watt\n\nMinister for Emergency Management\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Person adversely affected by a major disaster\n\n \n\n1  Name\n\n  This instrument is the Social Security (Australian Government Disaster Recovery Payment—Heavy Rainfall and Flooding—City of Moreton Bay Local Government Area—January 2024) Determination (No. 1) 2024.\n\n2  Commencement\n\n  This instrument commences immediately after it is signed.\n\n3  Authority\n\n  This instrument is made under subsection 1061L(2) of the Social Security Act 1991.\n\n4  Definitions\n\n (1) In this instrument:\n\nAct means the Social Security Act 1991.\n\ndestroyed means damaged to the extent that:\n\n (a) for a residence—it must be demolished; or\n\n (b) for a major asset or assets—it is unusable.\n\nimmediate family member, of a person, means:\n\n (a) the person’s partner; or\n\n (b) the person’s natural child, adoptive child or step-child; or\n\n (c) the person’s natural parent, adoptive parent or step-parent; or\n\n (d) the person’s legal guardian; or\n\n (e) the person’s brother, sister, step-brother or step-sister.\n\nNote:  This term is used in a different sense to that used in the Act.\n\nmajor 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\n (b) assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.\n\nExamples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.\n\nmajor damage means:\n\n (a) for a residence:\n\n (i) damage to the interior of the residence; or\n\n (ii) that the residence is structurally unsound; or\n\n (iii) damage to the residence that exposes the interior of the residence to               the elements; or\n\n (iv) sewage contamination of the interior of the residence; or\n\n (b) for a major asset or assets other than a water tank—that the asset is damaged by flooding or by severe weather, including storms, to the extent that it needs to be replaced; or\n\n (c) for a major asset that is a water tank—damage to the extent that it needs to be repaired or cleaned, or the water contained in it needs to be replaced.\n\nseriously injured, for a person, means:\n\n (a) the person has sustained an injury; and\n\n (b) because of the injury:\n\n (i) the person was admitted to hospital; or\n\n (ii) under normal circumstances, the person would have been admitted to hospital.\n\n (2) A place of residence is a person’s principal place of residence if:\n\n (a) the person regularly lives at the place with a degree of settled purpose; and\n\n (b) the person has a lawful right to reside at the place; and\n\n (c) the place is not:\n\n (i) a prison or a place of detention; or\n\n (ii) a secondary residence used for holidays.\n\nNote:  It is possible for a person to have more than 1 principal place of residence.\n\n5  Person adversely affected by a major disaster\n\n (1) This section applies to the major disaster being the heavy rainfall and flooding that commenced on 28 January 2024 in Queensland and ended on 31 January 2024, and which affected the suburb of Bray Park within the City of Moreton Bay local government area.\n\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\n (a) the person is seriously injured as a direct result of the disaster;\n\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\n (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;\n\n (d) a major asset of the person has been destroyed or suffered major damage as a direct result of the disaster;\n\n (e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow disaster recovery determination that matches its original intent exactly. It declares a specific disaster event and sets eligibility criteria for one-off payments, which is precisely what subsection 1061L(2) of the Social Security Act 1991 authorises. There is no scope creep or expansion beyond the statutory purpose."},"complexity_factors":["Short, single-purpose instrument (5 sections, ~2 pages)","Only 7 defined terms in section 4, all with clear, plain-English definitions","No cross-references to other legislation beyond the empowering provision (Social Security Act 1991, s 1061L(2))","Simple conditional structure: single trigger event (specific flood event) + enumerated list of eligibility circumstances","No nested exceptions or complex temporal provisions","Geographic and temporal scope tightly constrained (one suburb, four-day event)"],"plain_english_summary":"This legislation creates a one‑off disaster payment for people affected by heavy rain and flooding in Bray Park (City of Moreton Bay) between 28–31 January 2024. Eligible people include those seriously injured, immediate family of killed or missing persons, residents whose homes were destroyed or badly damaged, those who lost or had major damage to assets worth $20,000+, and carers of qualifying children.\n\nIt activates the Australian Government Disaster Recovery Payment — a lump‑sum, non‑means‑tested payment to help affected residents recover quickly."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument applies the existing power in subsection 1061L(2) of the Social Security Act to a specific event and population; it does not amend the Act or broaden its general reach. It narrows application temporally and geographically (Bray Park, 28–31 January 2024) and specifies qualifying circumstances using definitions in section 4, thereby operationalising eligibility rather than changing statutory scope."},"complexity_factors":["Narrow geographic and temporal scope limits application to Bray Park, City of Moreton Bay, 28–31 January 2024 (section 5(1))","Detailed statutory definitions create interpretation and evidentiary burdens (definitions of destroyed, major damage, major asset, seriously injured in section 4)","Monetary threshold for 'major asset' ($20,000) imposes valuation needs and verification (section 4)","Linkage to an external statutory power (subsection 1061L(2) of the Social Security Act 1991) means outcomes depend on broader Act procedures (sections 3 and 5(2))","Immediate commencement on signature reduces lead time for administration and claimant notice (section 2)","Enumerated qualifying circumstances are discrete and finite, reducing discretionary scope but increasing reliance on documentary proof (section 5(2))"],"plain_english_summary":"This determination declares the heavy rainfall and flooding in Bray Park (City of Moreton Bay) from 28–31 January 2024 a ‘major disaster’ for the Australian Government Disaster Recovery Payment. It specifies who is treated as adversely affected — people seriously injured, immediate family of missing or killed persons, those with destroyed or majorly damaged principal residences or major assets, and carers of affected children. Eligible persons can seek a one-off disaster payment under the Social Security Act, subject to the instrument’s definitions and proof requirements."},"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-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-heavy-rainfall-and-flooding-city-of-/documents"}}