{"id":"F2019L00283","name":"Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6)","slug":"social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439971,"registerId":"F2019L00283-fast-fetch-1775955785740","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6)","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\nSocial Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6)\n\n \n\nI, Linda Reynolds, Assistant Minister for Home Affairs, make the following determination under subsection 1061L (2) of the Social Security Act 1991.\n\nDated: 1 March 2019\n\nSenator Hon Linda Reynolds CSC\n\nAssistant Minister for Home Affairs\n\n \n\n \n\n \n\nContents\n\n1  Name of Determination\n\n2  Revocation\n\n3  Commencement\n\n4  Definitions\n\nSchedule 1  Major disaster\n\nSchedule 2  Circumstances in which person adversely affected\n\n \n\n \n\n1  Name of Determination\n\n1.            This determination is the Social Security (LIN 19/157: Australian Government Disaster Recovery Payment) Determination 2019 (No. 6)\n2.            This instrument may be cited as LIN 19/157.\n\n\n2  Revocation\n\nThe Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No. 4) is revoked.\n\n3  Commencement\n\nThis determination commences on the day it is signed.\n\n4  Definitions\n\n(1) In this determination:\n\nAct means the Social Security Act 1991.\n\ndestroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.\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 stepchild; 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, stepbrother or stepsister.\n\nNote   This term is used in a different sense to that used in the Act.\n\nmajor damage, for a residence, means:\n\n(a) damage to the interior of the residence; or\n\n(b) that the residence is structurally unsound; or \n\n(c) damage to the residence that exposes the interior of the residence to the elements; or\n\n(d) sewage contamination of the interior of the residence, or of the water supply to the residence.\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) In this determination:\n\n(a) a place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place; and\n\n(b) it is possible for a person to have more than one principal place of residence; and\n\n(c) a prison or place of detention is not a principal place of residence; and\n\n(d) a secondary residence used for holidays is not a principal place of residence\n\n5 Person adversely affected by a major disaster\n\nFor subsection 1061L (2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in a way mentioned in Schedule 2.\n\nNote   Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster if the event is a disaster that has such a significant impact on individuals that a government response is required.\n\n6  Transitional\n\nA claim made under the Social Security (LIN 19/137: Australian Government Disaster Recovery Payment) Determination 2019 (No. 4) is taken to have been made under this instrument.\n\n\n\n\nSchedule 1  Major disaster\n\nThe monsoonal trough which produced heavy rainfall and associated flooding that commenced from 25 January 2019 and which is expected to continue in February 2019, and affected the local government areas of Burdekin, Burke, Carpentaria, Charters Towers, Cloncurry, Cook, Doomadgee, Douglas, Flinders, Hinchinbrook, McKinlay, Richmond, Palm Island, Torres, Torres Strait Island, Townsville, Winton and Wujal Wujal in the State of Queensland.\n\n\n\n\nSchedule 2  Circumstances in which person adversely affected\n\nA person is adversely affected by a major disaster mentioned in Schedule 1 if:\n\n1.            as a direct result of the disaster:\n  1.             the person is seriously injured; or\n  2.           the person is an immediate family member of an Australian who is killed; or\n  3.         the person’s principal place of residence has been destroyed or has sustained major damage; or\n2.            the person is the principal carer of a child to whom paragraph (a) applies.\n\n\n \n\n___________________________\n\nNote\n\nAll legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See http://www.legislation.gov.au.\n","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: declaring a specific weather event as a major disaster and setting eligibility criteria for the associated payment. It does not expand beyond the disaster recovery payment framework established by the parent Act."},"complexity_factors":["Short instrument: only 6 substantive sections plus 2 schedules","Minimal cross-referencing: only references to Social Security Act 1991, section 1061L(2) and subsection 36(1)","Straightforward definitions: 5 defined terms with clear, plain English explanations","Simple conditional structure: single-tier eligibility criteria in Schedule 2 with no nested exceptions","No delegated legislative powers or complex machinery provisions","Geographic and temporal scope clearly specified in Schedule 1"],"plain_english_summary":"This law declares the monsoonal trough and floods from 25 January 2019 in 18 Queensland local government areas a \"major disaster,\" activating a one‑off Australian Government Disaster Recovery Payment. Eligible people include those seriously injured, immediate family of a deceased, owners of principal homes destroyed or seriously damaged, and main carers of affected children. It replaces an earlier determination and preserves any claims already made."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument revokes LIN 19/137 (No.4) (s2) and re-declares the same disaster area (Schedule 1) and eligibility circumstances (Schedule 2). A transitional clause treats prior claims as made under this instrument (s6). There is no expansion of eligibility criteria or geographic scope within this text."},"complexity_factors":["Narrow, event-specific scope limited to named Queensland local government areas (Schedule 1).","Eligibility relies on a short list of factual triggers (death, 'seriously injured', destroyed or 'major damage' to principal residence, principal carer) (Schedule 2).","Key terms need factual or administrative interpretation: 'seriously injured' (hospital admission or would have been), 'major damage', 'principal place of residence' (s4).","Cross-reference to Social Security Act s1061L(2) for legal authority and to effect payment eligibility.","Revocation of a prior instrument and a transitional saving clause preserve earlier claims, creating a continuity/administration step (ss2,6)."],"plain_english_summary":"This determination declares specified Queensland local government areas affected by monsoonal-trough flooding from 25 January 2019 and sets who qualifies for the Australian Government Disaster Recovery Payment. Eligibility is limited to people who were killed (family members), seriously injured, whose principal residence was destroyed or sustained major damage, or principal carers of affected children. It revokes an earlier instrument and preserves prior claims. Made under s1061L(2) of the Social Security Act."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6","history":"/api/acts/social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6/history","analysis":"/api/acts/social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6/analysis","conflicts":"/api/acts/social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6/conflicts","importantCases":"/api/acts/social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6/important-cases","documents":"/api/acts/social-security-lin-19-157-australian-government-disaster-recovery-payment-determination-2019-no-6/documents"}}