{"id":"F2022L00023","name":"Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1)","slug":"social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102238,"registerId":"commonwealth-F2022L00023-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—Queensland floods) Determination 2022 (No. 1)","content":"![Logo of Department of Home Affairs](image.001.png)\n\nSocial Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1)\n\nI, Andrew Gee, Acting Minister for Emergency Management and National Recovery and Resilience, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 9 January 2022\n\nActing Minister for Emergency Management and National Recovery and Resilience\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—Queensland floods) Determination 2022 (No. 1).\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 or assets 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 heavy rainfall 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 severe storms, heavy rainfall and associated flooding that commenced on 7 January 2022 in Queensland affecting the local government areas of Bundaberg, Gympie and Fraser Coast.\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 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 or assets of the person has or have 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.","sortOrder":0}],"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":false,"description":"This instrument applies the existing Australian Government Disaster Recovery Payment framework to the specified Queensland floods by identifying who is \"taken to be adversely affected\" and by setting definitions and eligibility tests (see s4 and s3). It does not amend the Social Security Act itself or add new payment types; it implements eligibility criteria and geographic scope for this named event."},"complexity_factors":["Multiple technical definitions with conditional tests (e.g. \"destroyed\", \"major damage\", \"major asset\") increasing eligibility analysis (s3).","Geographic limitation to specific local government areas for this disaster (Bundaberg, Gympie, Fraser Coast) narrows scope but requires locality verification (s4(1)).","Eligibility depends on a causal link: harms must be \"as a direct result of the disaster\", imposing evidentiary burden on applicants (s4(2)).","Monetary threshold for \"major asset\" ($20,000 market value) creates valuation and proof tasks for applicants (s3).","Definition of \"principal place of residence\" contains multi-part factual and legal criteria (regular residence, lawful right, exclusions) affecting entitlement (s3(2)).","Special definitions of family relationships and carer status expand who may qualify but require relationship proof (s3 and s4(2)(e)).","Immediate commencement on signing reduces lead time for administration and applicants (s2).","Instrument issued under statutory authority and made by the Acting Minister, indicating executive decision-making power under s1061L(2) of the Act (instrument heading and preamble)."],"plain_english_summary":"Designates who is \"adversely affected\" by the Queensland floods (from 7 Jan 2022 in Bundaberg, Gympie and Fraser Coast) so they can be eligible for the Australian Government Disaster Recovery Payment. Eligible circumstances include serious injury, death of an Australian family member, destruction or major damage to a principal residence or major assets, and primary carers of affected children.\n\nIt does this by setting precise definitions (for example, what counts as \"destroyed\", a \"major asset\" — $20,000 threshold — and a \"principal place of residence\") and by requiring the harm be a direct result of the disaster, creating documentary and causation thresholds applicants must meet."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original narrow purpose: activating disaster recovery payments for a specific flood event in specific Queensland local government areas. It does not expand beyond the standard template used for disaster recovery determinations under the Social Security Act 1991."},"complexity_factors":["Short instrument: only 4 operative sections plus definitions","Minimal cross-referencing: only references subsection 1061L(2) of the parent Act","Straightforward conditional logic: simple 'if X then Y' structure in section 4(2)","Limited defined terms: only 5 defined terms (destroyed, immediate family member, major asset or assets, major damage, seriously injured), all with clear, plain English definitions","No nested exceptions or complex provisos","Geographic and temporal scope clearly specified in single paragraph (section 4(1))"],"plain_english_summary":"This determination creates a one‑off disaster payment for people affected by severe storms and floods that began 7 January 2022 in parts of Queensland (Bundaberg, Gympie, Fraser Coast).  \n\nIt targets those seriously injured or bereaved, people whose homes were destroyed or suffered major damage, owners of major destroyed or replacement‑required assets (including significant loss of belongings), and primary carers of eligible children — using the Social Security Act to enable rapid relief without new Parliament laws."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-queensland-floods-determination-2022/documents"}}