{"id":"F2023L01468","name":"Social Security (Australian Government Disaster Recovery Payment) (Western and Darling Downs Bushfires - October 2023) Determination (LIN 23/083) 2023 (No. 5)","slug":"social-security-australian-government-disaster-recovery-payment-western-and-darling-downs-bushfires-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104914,"registerId":"commonwealth-F2023L01468-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) (Western and Darling Downs Bushfires - October 2023) Determination (LIN 23/083) 2023 (No. 5)","content":"![Commonwealth of Australia Coat of Arms](image.001.png)\n\nLIN 23/083\n\nSocial Security (Australian Government Disaster Recovery Payment) (Western and Darling Downs Bushfires – October 2023) Determination (LIN 23/083) 2023 (No. 5)\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 27 October 2023\n\nMurray Watt\n\nMinister for Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment) (Western and Darling Downs Bushfires - October 2023) Determination (LIN 23/083) 2023 (No. 5).\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\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 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 bushfire that commenced on 16 October 2023 in Queensland affecting the local government areas of Toowoomba and Western Downs.\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.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination applies the Disaster Recovery Payment rules to a specific bushfire event and sets out who is to be taken as 'adversely affected' for that event. It does not introduce new categories beyond the defined terms and circumstances in the instrument; it specifies the affected area and the factual tests that trigger eligibility (see ss1, 3, 4)."},"complexity_factors":["Multiple defined technical terms that condition eligibility (destroyed; major damage; major asset; seriously injured; immediate family) — see s3(1) and s3(2).","A monetary threshold for 'major asset' (market value of at least $20,000) introduces valuation and evidentiary questions — s3(1)(major asset).","Geographic and temporal scope is specific (bushfire commencing 16 October 2023 in Toowoomba and Western Downs), which narrows application but requires incident verification — s4(1).","Eligibility hinges on fact-based events (hospital admission, destroyed/damaged residence or assets, missing/killed status) that create administrative proof and verification tasks for applicants and officials — s3(1)(seriously injured); s4(2)(a)-(d).","Principal place of residence rule adds residency and lawful-right-to-reside criteria to determine qualification, potentially requiring documentary proof — s3(2).","Low legislative discretion in the instrument itself (it applies criteria rather than creating discretionary tests), reducing interpretive complexity but shifting complexity to evidence assessment — whole instrument (esp. s4(2)).","Cross-reference to the Social Security Act 1991 (subsection 1061L(2)) means the Determination functions within a broader statutory scheme (instrument applies that subsection) — instrument heading and s4(2)."],"plain_english_summary":"This Determination names who is treated as \"adversely affected\" for the Australian Government Disaster Recovery Payment after the Queensland bushfires that began 16 October 2023 in the Toowoomba and Western Downs areas. It covers people seriously injured, immediate family of those missing or killed, owners of destroyed or major‑damaged principal residences, owners of major assets (combined value at least $20,000), and carers of affected children, making those people eligible under subsection 1061L(2)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It is a specific disaster declaration under the Social Security Act 1991, activating the Australian Government Disaster Recovery Payment for a particular event. It does not expand beyond its intended purpose of defining eligibility for this specific bushfire event."},"complexity_factors":["Short, single-purpose instrument (5 sections)","Only 5 defined terms in the interpretation section","No cross-references to other legislation beyond the enabling provision (subsection 1061L(2) of the Social Security Act 1991)","Simple conditional logic - straightforward eligibility criteria using 'if any of the following circumstances apply'","No nested exceptions or complex temporal provisions","Clear, specific geographic and temporal scope (bushfires commencing 16 October 2023 in specific Queensland LGAs)"],"plain_english_summary":"This Determination activates a one‑off Australian Government Disaster Recovery Payment for people affected by the Toowoomba and Western Downs bushfires that began 16 October 2023. It defines who is “adversely affected” — for example people seriously injured, immediate family of those killed or missing, those whose main home was destroyed or badly damaged, people who lost major assets, and carers of qualifying children — so Centrelink can assess and pay eligible claims."},"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-western-and-darling-downs-bushfires-","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-and-darling-downs-bushfires-/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-and-darling-downs-bushfires-/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-and-darling-downs-bushfires-/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-and-darling-downs-bushfires-/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-and-darling-downs-bushfires-/documents"}}