{"id":"F2023L00043","name":"Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022-January 2023) Determination 2023","slug":"social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103721,"registerId":"commonwealth-F2023L00043-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022-January 2023) Determination 2023","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/003\n\nSocial Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022-January 2023) Determination 2023\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 9 January 2023\n\nSENATOR THE HON MURRAY WATT\n\nMinister for Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022-January 2023) Determination 2023.\n\n2 Commencement\n\nThis instrument commences on the day it is signed.\n\n3 Definitions\n\n(1) In this instrument:\n\n> destroyed 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\n> immediate 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\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\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\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 of the water supply to the residence; or\n\n(b) for a major asset or assets other than a water tank—that it is damaged by the storms or by flood waters, 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 replaced.\n\n> seriously 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\n> Note It is possible for a person to have more than 1 principal place of residence.\n\n4 Person adversely affected by a major disaster\n\n(1) This section applies to the major disaster being the storms and floods that commenced on 14 September 2022 and continued in October 2022, November 2022, December 2022 and January 2023 in New South Wales affecting the local government areas of Balranald, Bathurst, Bourke, Cabonne, Central Darling, Cobar, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Murrumbidgee, Narrabri, Narrandera, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga, Walgett, Weddin and Wentworth.\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 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 principal carer of a child to whom paragraph (a), (b), (c) or (d) applies.\n\n5 Repeal\n\nSocial Security (Australian Government Disaster Recovery Payment—New South Wales floods - September-October 2022) Determination 2022 (No. 7) (LIN 22/114) is repealed.\n\n6 Savings and transitional\n\nAnything done under Social Security (Australian Government Disaster Recovery Payment—New South Wales floods - September-October 2022) Determination 2022 (No. 7) (LIN 22/114) continues to have effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier September–October 2022 Determination (s5) and extends the temporal scope of the covered disaster through January 2023 (s4(1)). It retains and restates eligibility criteria and technical definitions (s3, s4) and preserves prior actions under a savings provision (s6), thereby broadening the period of coverage while consolidating prior instrument effects."},"complexity_factors":["Time- and location-limited scope listing multiple LGAs and explicit dates (s4(1))","Detailed technical definitions for eligibility concepts (destroyed, major damage, major asset, seriously injured, principal place of residence) that condition entitlement (s3(1), s3(2))","Eligibility requires a direct causal link to the disaster and includes relational categories (immediate family, principal carer) which affect who can claim (s4(2))","Monetary threshold for a 'major asset' (market value ≥ $20,000) introduces a valuation requirement for applicants (s3)","Repeal of an earlier determination and transitional savings maintain continuity but require administrators to map earlier decisions into the new instrument (ss5–6)"],"plain_english_summary":"This instrument makes people affected by the New South Wales storms and floods (beginning 14 September 2022 and continuing through January 2023 in specified local government areas) eligible for the Australian Government Disaster Recovery Payment. It specifies who counts as \"adversely affected\"—serious injury, immediate family of someone killed, principal residence destroyed or with major damage, major assets destroyed or needing replacement (with a $20,000 threshold), or a principal carer of an affected child—and replaces an earlier September–October 2022 determination (see ss3–6)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor and the broader legislative scheme. It extends the temporal coverage of an existing disaster payment from September-October 2022 through to January 2023, but does not expand the fundamental purpose or eligibility framework of the Australian Government Disaster Recovery Payment scheme. The repeal and replacement mechanism (section 5) with savings provisions (section 6) is standard administrative practice for updating disaster declarations as events evolve."},"complexity_factors":["Short instrument: only 6 sections covering definitions, eligibility criteria, and transitional arrangements","Limited cross-referencing: only references subsection 1061L(2) of the Social Security Act 1991","Clear structure: definitions in section 3, eligibility in section 4, repeal and savings in sections 5-6","Specific geographic and temporal scope: 26 named local government areas with defined date range (14 September 2022 to January 2023)","Straightforward eligibility tests: five clear circumstances in section 4(2) with defined terms applied directly","No nested exceptions or complex conditional logic beyond basic 'if any of the following apply' structure"],"plain_english_summary":"This law extends the Australian Government Disaster Recovery Payment to people affected by floods across 26 NSW council areas (e.g., Bathurst, Dubbo, Forbes, Wagga Wagga) between September 2022 and January 2023. It creates a one‑off lump sum—$1,000 per eligible adult and $400 per eligible child—for those seriously injured, bereaved family members, people whose principal home was destroyed or majorly damaged, those who lost major assets worth $20,000+, and principal carers of qualifying children. It replaces and broadens an earlier, shorter determination; prior applications remain valid."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-new-south-wales-floods-september-202/documents"}}