{"id":"F2021L00102","name":"Social Security (Australian Government Disaster Recovery Payment—Western Australian Bushfires) Determination 2021 (No. 1)","slug":"social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101232,"registerId":"commonwealth-F2021L00102-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—Western Australian Bushfires) Determination 2021 (No. 1)","content":"![Logo of Department of Home Affairs](image.001.png)\n\nLIN 21/024\n\nSocial Security (Australian Government Disaster Recovery Payment—Western Australian Bushfires) Determination 2021 (No. 1)\n\nI, David Littleproud, Minister for Agriculture, Drought, and Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 3 February 2021\n\nDavid Littleproud\n\nMinister for Agriculture, Drought and Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—Western Australian Bushfires) Determination 2021 (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 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 bushfires that commenced on 1 February 2021 in Western Australia affecting the local government areas of Mundaring and Swan.\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":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument does not change the underlying statutory power; it applies the Disaster Recovery Payment framework to a specified event and operationalises eligibility by supplying definitions and thresholds (instrument made under s.1061L(2); see s.4(1)–(2) and s.3). It narrows application to a particular disaster and cohort rather than expanding the Act's general scope."},"complexity_factors":["Defined terms create operational tests: 'destroyed', 'major damage', 'major asset(s)', and 'seriously injured' set concrete but technically specific thresholds that administrators must apply (see s.3 definitions).","Monetary threshold for major assets ($20,000) requires market valuation evidence and aggregation rules for multiple assets (s.3 'major asset or assets').","Subjective residence test: 'regularly lives... with a degree of settled purpose' and 'lawful right to reside' will require judgement and documentary proof (s.3(2)(a)–(b)).","Immediate family is defined differently from the Act, creating potential divergence in eligibility compared with other social security instruments (s.3 'immediate family member' and note).","'Seriously injured' includes a hypothetical criterion ('would have been admitted to hospital'), introducing evidentiary and counterfactual assessment issues (s.3 'seriously injured').","Spatial and temporal scope is narrow and specific (bushfires commencing 1 Feb 2021 affecting Mundaring and Swan), reducing broad applicability but concentrating administrative review on a defined cohort (s.4(1)).","Proof burdens for destruction, major damage, hospital admission, family relationships and asset valuations generate compliance costs for applicants and verification work for administering agencies (s.4(2) linked to s.3 definitions).","Instrument is made under the Ministerial power in subsection 1061L(2) of the Social Security Act; the instrument itself contains limited discretion but leaves case-by-case factual determinations to officials (instrument preamble and s.4)."],"plain_english_summary":"This instrument applies the Australian Government Disaster Recovery Payment to people adversely affected by the Western Australian bushfires that began 1 February 2021 in the Mundaring and Swan local government areas. It sets who is treated as ‘adversely affected’—people seriously injured, close family of those killed, residents whose principal residence or major assets were destroyed or suffered major damage, and primary carers—and prescribes tests for residence, asset value and types of damage (see s.4 and definitions)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It is a standard disaster-specific determination made under the Social Security Act 1991 to activate the Australian Government Disaster Recovery Payment for a particular event. It does not expand beyond its intended purpose of defining eligibility for this specific disaster."},"complexity_factors":["Short, single-purpose instrument (5 sections, 2 pages)","Only 4 defined terms in section 3, with clear, plain English definitions","No cross-references to other legislation beyond the enabling provision (subsection 1061L(2) of the Social Security Act 1991)","Simple conditional structure: if the disaster applies and you meet one of five listed circumstances, you qualify","No nested exceptions or complex temporal provisions","Specific geographic and temporal scope (bushfires commencing 1 February 2021, Mundaring and Swan LGAs only)"],"plain_english_summary":"This instrument declares people in the Mundaring and Swan local government areas who were adversely affected by the 1 February 2021 bushfires eligible for the one‑off Australian Government Disaster Recovery Payment. It covers those seriously injured, who lost an immediate family member, whose principal home or major household assets were destroyed or badly damaged, or who are the main carer of an affected child. The declaration triggers access to a non‑means‑tested lump sum for eligible disaster victims."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-australian-bushfires-determi/documents"}}