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This instrument is the Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination (No. 7) 2025.
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Commonwealth legislation
This Determination identifies who is taken to be "adversely affected" by the North Queensland floods (29 Jan–28 Feb 2025) for the purposes of the Social Security Act, so they can access the Australian Government Disaster Recovery Payment. It sets clear eligibility circumstances (serious injury, death/missing relatives, destroyed or major-damaged principal residence or major assets, and carers), defines key terms (destroyed, major damage, major asset, seriously injured, principal place of residence), repeals the prior Determination and expires after two years.
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Direct links to the current provisions in Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination (No. 7) 2025.
This instrument is the Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination (No. 7) 2025.
This instrument commences immediately after it is signed.
This instrument is made under subsection 1061L(2) of the Social Security Act 1991.
(1) In this instrument:
Act means the Social Security Act 1991.
destroyed means damaged to the extent that:
(a) for a residence—it must be demolished; or
(b) for a major asset or assets—it is unusable.
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 means:
(a) an asset, with a market value of at least $20 000, located at the person’s principal place of residence; or
(b) assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.
Note: Examples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.
major damage means:
(a) for a residence:
(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
(b) for a major asset or assets other than a water tank—that the asset is flooded or has water damage to the extent that it needs to be replaced; or
(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.
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: (a) the person regularly lives at the place with a degree of settled purpose; and (b) the person has a lawful right to reside at the place; and (c) the place is not: (i) a prison or a place of detention; or (ii) a secondary residence used for holidays.
Note: It is possible for a person to have more than 1 principal place of residence.
(1) This section applies to the major disaster being the floods that commenced on 29 January 2025 and continued up to and including 28 February 2025 in North Queensland and which have affected, or are affecting, one or more of the areas mentioned in Schedule 1. (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: (a) the person is seriously injured as a direct result of the disaster; (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; (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster; (d) a major asset of the person has been destroyed or has major damage as a direct result of the disaster; (e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.
(1) Under subsection 1061L(2) of the Act, the Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination (No. 6) 2025 is repealed immediately after the commencement of this instrument. (2) This instrument is repealed on the day after the end of the period of two years that begins on the day the instrument commences.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination (No. 7) 2025.
This instrument commences immediately after it is signed.
This instrument is made under subsection 1061L(2) of the Social Security Act 1991.
(1) In this instrument:
Act means the Social Security Act 1991.
destroyed means damaged to the extent that:
(a) for a residence—it must be demolished; or
(b) for a major asset or assets—it is unusable.
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 means:
(a) an asset, with a market value of at least $20 000, located at the person’s principal place of residence; or
(b) assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.
Note: Examples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.
major damage means:
(a) for a residence:
(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
(b) for a major asset or assets other than a water tank—that the asset is flooded or has water damage to the extent that it needs to be replaced; or
(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.
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: (a) the person regularly lives at the place with a degree of settled purpose; and (b) the person has a lawful right to reside at the place; and (c) the place is not: (i) a prison or a place of detention; or (ii) a secondary residence used for holidays.
Note: It is possible for a person to have more than 1 principal place of residence.
(1) This section applies to the major disaster being the floods that commenced on 29 January 2025 and continued up to and including 28 February 2025 in North Queensland and which have affected, or are affecting, one or more of the areas mentioned in Schedule 1. (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: (a) the person is seriously injured as a direct result of the disaster; (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; (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster; (d) a major asset of the person has been destroyed or has major damage as a direct result of the disaster; (e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.
(1) Under subsection 1061L(2) of the Act, the Social Security (Australian Government Disaster Recovery Payment—North Queensland Floods) Determination (No. 6) 2025 is repealed immediately after the commencement of this instrument. (2) This instrument is repealed on the day after the end of the period of two years that begins on the day the instrument commences.