{"id":"F2023L00049","name":"Social Security (Australian Government Disaster Recovery Payment - Western Australia) (Ex-Tropical Cyclone Ellie - December 2022 to January 2023) Determination (LIN 23/009) 2023","slug":"social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103724,"registerId":"commonwealth-F2023L00049-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 Australia) (Ex-Tropical Cyclone Ellie - December 2022 to January 2023) Determination (LIN 23/009) 2023","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/009\n\nSocial Security (Australian Government Disaster Recovery Payment - Western Australia) (Ex-Tropical Cyclone Ellie - December 2022 to January 2023) Determination (LIN 23/009) 2023\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 12 January 2023\n\nSENATOR THE HON MURRAY WATT\n\nMinister for Emergency Management\n\n1 Name\n\n(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment - Western Australia) (Ex-Tropical Cyclone Ellie - December 2022 to January 2023) Determination (LIN 23/009) 2023\n\n(2) This instrument may be cited as LIN23/009.\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 ex-tropical cyclone Ellie that crossed into Western Australia on 28 December 2022 and brought severe weather and flooding that continued in December 2022 and January 2023 affecting the local government area of Derby West Kimberley.\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.","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":"The instrument applies the existing disaster‑payment provision (s1061L(2)) to the specific cyclone event and defines eligibility and thresholds for that event. It does not expand beyond applying the Act’s framework, but it specifies detailed definitions and verification criteria for eligible persons (see sections 3–4)."},"complexity_factors":["Event‑specific, narrow geographic and temporal scope reduces policy complexity (see section 4(1)).","Multiple defined terms create precise eligibility thresholds that administrators must apply (Definitions, section 3(1)–3(2)).","Evidentiary and valuation requirements: market value threshold for a ‘major asset’ ($20,000) requires asset valuation (definition of major asset).","Medical assessment discretion: ‘seriously injured’ includes cases where the person ‘would have been admitted to hospital,’ introducing a counterfactual judgment (definition of seriously injured).","Residence qualifications require proof of settled residence and lawful right to reside, adding verification steps (definition of principal place of residence, section 3(2)).","Binary damage tests (destroyed, major damage) require on‑the‑ground damage assessment and determinations about usability or need for replacement/repair (definitions of destroyed and major damage)."],"plain_english_summary":"This determination names who is to be treated as “adversely affected” by Ex‑Tropical Cyclone Ellie (28 Dec 2022–Jan 2023) in the Derby West Kimberley area so they can qualify for the Australian Government Disaster Recovery Payment under s1061L(2) of the Social Security Act. The Minister for Emergency Management made the instrument (section 1). It sets eligibility tests—serious injury, bereaved immediate family, destroyed or badly damaged principal residence or major assets, and primary carers—which agencies must verify before paying."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original intended purpose exactly as designed under the Social Security Act framework. It is a standard disaster recovery determination that declares a specific weather event to be a major disaster and defines eligibility criteria for the associated payment. There is no scope creep; it follows the established template for such determinations without expanding beyond the specific event (Ex-Tropical Cyclone Ellie) and affected area (Derby West Kimberley)."},"complexity_factors":["Short, single-purpose instrument (5 sections only)","Minimal cross-referencing (only references subsection 1061L(2) of the Social Security Act 1991)","Straightforward definitions with concrete thresholds (e.g., '$20,000' market value, specific injury criteria)","Simple conditional structure using 'if any of the following circumstances apply' format","No nested exceptions or complex temporal provisions","Limited defined terms (5 key definitions: destroyed, immediate family member, major asset, major damage, seriously injured)","Geographic scope limited to single local government area (Derby West Kimberley)"],"plain_english_summary":"This law declares Ex‑Tropical Cyclone Ellie (Derby West Kimberley, 28 Dec 2022–Jan 2023) a \"major disaster\" under the Social Security Act and creates a one‑off Australian Government Disaster Recovery Payment for people adversely affected. It identifies who qualifies—those with serious injury, death of an immediate family member, destruction or major damage to their main home, loss of major assets, or primary carers of affected children. \n\nIt speeds automatic financial relief for remote WA communities after severe storm and flood damage."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australia-ex-tropical-cyclon/documents"}}