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(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13) (2) This instrument may also be cited as LIN 20/044.
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Commonwealth legislation
This instrument designates people affected by the November–December 2019 Eastern Queensland bushfires (Bundaberg, Gladstone, Livingstone, Noosa, Somerset and Toowoomba) as eligible for the Australian Government Disaster Recovery Payment and defines who counts as "adversely affected" (serious injury, death of an immediate family member, destroyed or major‑damaged principal residence, major assets valued at least $20,000, or a principal carer). It mechanically adds Bundaberg, preserves prior actions, and sets concrete verification and valuation triggers for Commonwealth payments.
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Direct links to the current provisions in Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13).
(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13) (2) This instrument may also be cited as LIN 20/044.
(1) In this instrument:
Act means the Social Security Act 1991.
destroyed, for a place of residence, include a residence damaged to the extent that it must be demolished.
immediate family member, of a person, means:
(a) the person’s partner; or
(b) the person’s natural child, adoptive child or step-child; or
(c) the person’s natural parent, adoptive parent or step-parent; or
(d) the person’s legal guardian; or
(e) the person’s brother, sister, step-brother or step-sister.
Note: This term is used in a different sense to that used in the Act.
major asset or assets means:
(a) an asset, with a market value of at least $20,000, located at the person’s principal place of residence; or
(b) two or more assets, with a combined market value of at least $20,000, located at a person’s principal place of residence.
Examples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.
major damage means:
(a) for a residence, means:
(i) damage to the interior of the residence; or
(ii) that the residence is structurally unsound; or
(iii) damage to the residence that exposes the interior of the residence to the elements; or
(iv) sewage contamination of the interior of the residence or of the water supply to the residence;
(b) for a major asset or assets other than a water tank – that is burnt, or damaged by heat, ash or smoke, to the extent that it needs to be replaced; or
(c) for a water tank – damage to the extent that it needs to be repaired or cleaned, or the water replaced.
seriously injured, for a person, means:
(a) the person has sustained an injury; and
(b) because of the injury:
(i) the person was admitted to hospital; or
(ii) under normal circumstances, the person would have been admitted to hospital.
(2) 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 unless the place is: (a) a prison or a place of detention; or (b) a secondary residence used for holidays.
Note: It is possible for a person to have more than one principal place of residence.
(1) This section applies to the major disaster being the bushfires occurring in November and December 2019 in Eastern Queensland, affecting the local government areas of Bundaberg, Gladstone, Livingstone, Noosa, Somerset and Toowoomba. (2) For the purposes of subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if one or more of the following circumstances apply: (a) the person is seriously injured as a direct result of the disaster; or (b) the person is an immediate family member of an Australian who is killed as a direct result of the disaster; or (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster; or (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; or (e) the person is a principal carer of a child to whom paragraphs (a), (b), (c) or (d) apply.
Anything done under the Social Security (Australian Government disaster recovery payment – Eastern Queensland Bushfires) Determination 2020 (No. 10) repealed in section 5 continues to be in effect as if it had been done under this instrument.
Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland) Determination 2020 (No. 13). 1 Subsection 4(1) Between the words “areas of” and “Gladstone”, insert “Bundaberg,”
The word “Bushfires” is missing from the title to be amended. This compilation was editorially changed by inserting “Bundaberg” after the words “areas of” to give effect to the misdescribed amendment as intended.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13) (2) This instrument may also be cited as LIN 20/044.
(1) In this instrument:
Act means the Social Security Act 1991.
destroyed, for a place of residence, include a residence damaged to the extent that it must be demolished.
immediate family member, of a person, means:
(a) the person’s partner; or
(b) the person’s natural child, adoptive child or step-child; or
(c) the person’s natural parent, adoptive parent or step-parent; or
(d) the person’s legal guardian; or
(e) the person’s brother, sister, step-brother or step-sister.
Note: This term is used in a different sense to that used in the Act.
major asset or assets means:
(a) an asset, with a market value of at least $20,000, located at the person’s principal place of residence; or
(b) two or more assets, with a combined market value of at least $20,000, located at a person’s principal place of residence.
Examples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.
major damage means:
(a) for a residence, means:
(i) damage to the interior of the residence; or
(ii) that the residence is structurally unsound; or
(iii) damage to the residence that exposes the interior of the residence to the elements; or
(iv) sewage contamination of the interior of the residence or of the water supply to the residence;
(b) for a major asset or assets other than a water tank – that is burnt, or damaged by heat, ash or smoke, to the extent that it needs to be replaced; or
(c) for a water tank – damage to the extent that it needs to be repaired or cleaned, or the water replaced.
seriously injured, for a person, means:
(a) the person has sustained an injury; and
(b) because of the injury:
(i) the person was admitted to hospital; or
(ii) under normal circumstances, the person would have been admitted to hospital.
(2) 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 unless the place is: (a) a prison or a place of detention; or (b) a secondary residence used for holidays.
Note: It is possible for a person to have more than one principal place of residence.
(1) This section applies to the major disaster being the bushfires occurring in November and December 2019 in Eastern Queensland, affecting the local government areas of Bundaberg, Gladstone, Livingstone, Noosa, Somerset and Toowoomba. (2) For the purposes of subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if one or more of the following circumstances apply: (a) the person is seriously injured as a direct result of the disaster; or (b) the person is an immediate family member of an Australian who is killed as a direct result of the disaster; or (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster; or (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; or (e) the person is a principal carer of a child to whom paragraphs (a), (b), (c) or (d) apply.
Anything done under the Social Security (Australian Government disaster recovery payment – Eastern Queensland Bushfires) Determination 2020 (No. 10) repealed in section 5 continues to be in effect as if it had been done under this instrument.
Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland) Determination 2020 (No. 13). 1 Subsection 4(1) Between the words “areas of” and “Gladstone”, insert “Bundaberg,”
The word “Bushfires” is missing from the title to be amended. This compilation was editorially changed by inserting “Bundaberg” after the words “areas of” to give effect to the misdescribed amendment as intended.