{"id":"F2020L00038","name":"Social Security (Australian Government disaster recovery payment—South Australia bushfires) Determination 2020 (No. 7)","slug":"social-security-australian-government-disaster-recovery-payment-south-australia-bushfires-determinat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100583,"registerId":"commonwealth-F2020L00038-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Government disaster recovery payment—South Australia bushfires) Determination 2020 (No. 7)","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nSocial Security (Australian Government disaster recovery payment—South Australia bushfires) Determination 2020 (No. 7)\n\nI, David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, make the following determination under subsection 1061L(2) of the Social Security Act 1991 (the Act).\n\nDated 17 January 2020\n\nMinister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government disaster recovery payment—South Australia bushfires) Determination 2020 (No. 7).\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) two or more 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\niv) sewage contamination of the interior of the residence or of the water supply to the residence;\n\n(b) for a major asset or assets other than a water tank—that it is burnt, or damaged by heat, ash or smoke, to the extent that it needs to be replaced; or\n\n(c) for 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 bushfires occurring in November and December 2019, and January 2020 in South Australia affecting the local government areas of Adelaide Hills, City of Playford, Kangaroo Island, Kingston, Lower Eyre Peninsula, Mount Barker and Yorke Peninsula.\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 paragraphs (a), (b), (c) or (d) apply.\n\n5 Repeal\n\nSocial Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No.3) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment—South Australia Bushfires) Determination 2020 (No.3) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces and repeals the earlier Determination (No.3) and sets the eligibility criteria for the AGDRP in the listed South Australian LGAs. It preserves actions taken under the earlier instrument (ss5–6); the text itself does not indicate an expansion or narrowing of scope beyond defining eligibility and affected areas."},"complexity_factors":["Cross‑reference to Social Security Act subsection 1061L(2) (preamble) requiring application through existing statutory payment framework.","Multiple defined terms with operative thresholds and conditions (destroyed; major asset = $20,000 threshold) (s3).","Interpretive phrases that can create administrative discretion or evidentiary questions: 'regularly lives... with a degree of settled purpose' and 'direct result' (s3(2), s4(2)).","Detailed factual predicates for harm (major damage categories for residences, water tanks, other assets) that require case‑by‑case assessment (s3: destroyed, major damage).","Definition of 'immediate family member' diverges from the Act (note in s3), requiring administrators to apply a different familial test.","Geographic limitation to specified local government areas for particular bushfire events (s4(1)), restricting eligibility by place and date.","Repeal plus savings and transitional provision (s5–6) preserving acts under the earlier determination, creating minor continuity complexity for existing applications."],"plain_english_summary":"This instrument sets who qualifies for the Australian Government Disaster Recovery Payment (AGDRP) for specific South Australian bushfires by defining key terms (destroyed, major damage, seriously injured), naming affected local government areas, and linking eligibility to the Social Security Act (made under s1061L(2)).\n\nEligibility is triggered by direct disaster impacts — death, serious injury, a principal residence destroyed/majorly damaged, or loss of major assets (≥ $20,000) — and applicants must satisfy residence and family‑relationship tests; the instrument repeals Determination No.3 but preserves prior actions (ss3–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: establishing eligibility criteria for a specific disaster recovery payment for specific bushfires in specific South Australian local government areas. It does not expand beyond this discrete administrative function."},"complexity_factors":["Short instrument: only 6 sections spanning 2-3 pages","Limited cross-referencing: only references subsection 1061L(2) of the Social Security Act 1991","Clear structure: definitions section followed by eligibility criteria and administrative provisions","Minimal conditional logic: straightforward 'if X then Y' eligibility tests without nested exceptions","7 defined terms, all with plain English explanations and helpful examples (e.g., list of what counts as a 'major asset')","No sub-delegations or regulatory powers created","Single purpose instrument with narrow geographic and temporal scope"],"plain_english_summary":"This instrument declares the Nov 2019–Jan 2020 South Australian bushfires in specified areas a \"major disaster\" under the Social Security Act, enabling a one‑off Australian Government Disaster Recovery Payment.  \n\nEligible people include those seriously injured, immediate family of someone killed, people whose main home or major household assets were destroyed or badly damaged, and principal carers of affected children. It is the legal trigger allowing Centrelink to make these payments and preserves claims already made under the prior determination."},"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-south-australia-bushfires-determinat","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-south-australia-bushfires-determinat/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-south-australia-bushfires-determinat/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-south-australia-bushfires-determinat/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-south-australia-bushfires-determinat/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-south-australia-bushfires-determinat/documents"}}