{"id":"F2024L00263","name":"Social Security (Australian Government Disaster Recovery Payment—Western Victoria—Bushfires—February 2024) Determination (No. 2) 2024","slug":"social-security-australian-government-disaster-recovery-payment-western-victoria-bushfires-february-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442299,"registerId":"F2024L00263-fast-fetch-1775957346508","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Government Disaster Recovery Payment—Western Victoria—Bushfires—February 2024) Determination (No. 2) 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 24/035\n\n \n\nSocial Security (Australian Government Disaster Recovery Payment—Western Victoria—Bushfires—February 2024) Determination (No. 2) 2024\n\nI, Murray Watt, Minister for Emergency Management, make this determination under subsection 1061L(2) of the Social Security Act 1991.\n\nDated: 29 February 2024  Time: 9:49 pm \n\n[Signed]  Murray Watt\n\nMinister for Emergency Management\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Person adversely affected by a major disaster\n\n6  Repeal\n\nSchedule 1—Affected Localities\n\nList of Affected Localities\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Australian Government Disaster Recovery Payment—Western Victoria—Bushfires—February 2024) Determination (No. 2) 2024.\n\n2  Commencement\n\n  This instrument commences immediately after it is signed.\n\n3  Authority\n\n  This instrument is made under subsection 1061L(2) of the Social Security Act 1991.\n\n4  Definitions\n\n (1) In this instrument:\n\nAct means the Social Security Act 1991.\n\ndestroyed 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\nimmediate 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\nNote:  This term is used in a different sense to that used in the Act.\n\nmajor 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\nExamples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.\n\nmajor 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 the asset is burnt or otherwise damaged by fire, 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 the tank needs to be repaired or cleaned, or the water contained in it needs to be replaced.\n\nseriously 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\nNote:  It is possible for a person to have more than 1 principal place of residence.\n\n5  Person adversely affected by a major disaster\n\n (1) This section applies to the major disaster being the bushfires that commenced on or after 13 February 2024 in Victoria and which have affected, or affect, the localities mentioned in Schedule 1.\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.\n\n6  Repeal  \n\n  The Social Security (Australian Government Disaster Recovery Payment—Bushfires—Western Victoria—February 2024) Determination 2024 is repealed.\n\n \n\nSchedule 1—Affected Localities\n\n List of Affected Localities\n\nThe localities mentioned in column 2 of the following table, within the local government areas mentioned in column 1, are the affected localities for the purposes of subsection 5(1) of this instrument.\n\n \n\n| Column 1 | Column 2 |\n| --- | --- |\n| Rural City of Ararat | Pomonal |\n| Rural City of Horsham | Dadswells Bridge |\n| Shire of Pyrenees | Raglan |\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling provision (Social Security Act 1991, s 1061L): declaring a specific disaster, defining affected localities, and setting eligibility criteria for the Disaster Recovery Payment. It has not expanded beyond this purpose."},"complexity_factors":["Short, single-purpose instrument (6 sections plus schedule)","Only 5 defined terms, all with clear, concrete definitions","No cross-references to other legislation beyond the empowering provision (Social Security Act 1991, s 1061L(2))","Simple conditional structure: if disaster + locality + circumstance (a)-(e) = eligibility","No nested exceptions or complex temporal provisions","Schedule contains simple table of 3 localities across 3 council areas"],"plain_english_summary":"This instrument declares that people in specified Western Victoria localities affected by bushfires starting on or after 13 February 2024 may qualify for a one‑off Australian Government Disaster Recovery Payment. It covers seriously injured people, close family of those killed or missing, owners of homes or major assets severely damaged or destroyed, and carers of qualifying children.  \n\nIt replaces the earlier February 2024 determination and thereby triggers the non‑means‑tested lump‑sum disaster payment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument repeals the earlier Determination (s 6) and re-establishes the declared disaster and eligibility framework (s 5) with explicit definitions (s 4) and a specific, limited list of affected localities (Schedule 1). The concrete scope change is manifested in the updated definitional tests (eg, 'major asset' $20,000 threshold in s 4) and the Schedule 1 locality list that determines which residents are eligible."},"complexity_factors":["Defined-term detail: several statutory definitions (eg, 'destroyed', 'major damage', 'major asset' with $20,000 threshold) create discrete factual tests for eligibility (see s 4).","Principal place of residence rule narrows coverage by residency, settled purpose and lawful right to reside requirements (s 4(2)).","Immediate family definition differs from the Act and may change who can claim on another's behalf (s 4).","Geographic scope is tightly limited to specific localities listed in Schedule 1, concentrating benefits (s 5(1) and Schedule 1).","Legal cross-reference: instrument operates by reference to subsection 1061L(2) of the Social Security Act, requiring coordination with existing social security rules (s 3 and s 5(2)).","Repeal of an earlier Determination indicates a replacement or refinement of scope and rules (s 6)."],"plain_english_summary":"This determination declares the Western Victoria bushfires beginning on or after 13 February 2024 a 'major disaster' for the Australian Government Disaster Recovery Payment and specifies who is treated as \"adversely affected\" in the listed localities (people seriously injured; immediate family of killed or missing persons; those with destroyed or majorly damaged principal residences or major assets; and carers of affected children). It activates one-off federal disaster payments under the Social Security Act and sets eligibility tests (eg, a \"major asset\" is $20,000+), placing evidentiary and compliance duties on applicants."},"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-victoria-bushfires-february-","history":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-victoria-bushfires-february-/history","analysis":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-victoria-bushfires-february-/analysis","conflicts":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-victoria-bushfires-february-/conflicts","importantCases":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-victoria-bushfires-february-/important-cases","documents":"/api/acts/social-security-australian-government-disaster-recovery-payment-western-victoria-bushfires-february-/documents"}}