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This instrument is the Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 3) 2025.
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Commonwealth legislation
This instrument, made under s1061L(2) of the Social Security Act 1991, treats people in specified New South Wales areas affected by severe weather and flooding from (Ex‑)Tropical Cyclone Alfred (commencing 4 March 2025) as “adversely affected” for social security purposes. Qualifying circumstances include serious injury, death or missing immediate family, destruction or major damage to a principal residence or major assets (threshold $20,000), and carers. It takes effect on signing, repeals the prior Determination and is time‑limited to two years.
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Direct links to the current provisions in Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 3) 2025.
This instrument is the Social Security (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 3) 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 damaged by severe weather or flooding 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 in relation to the major disaster being the severe weather and flooding from Tropical Cyclone Alfred (including as Ex-Tropical Cyclone Alfred) that commenced on 4 March 2025 and which has affected, or is affecting, one or more of the areas listed 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 (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 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 (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 3) 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 damaged by severe weather or flooding 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 in relation to the major disaster being the severe weather and flooding from Tropical Cyclone Alfred (including as Ex-Tropical Cyclone Alfred) that commenced on 4 March 2025 and which has affected, or is affecting, one or more of the areas listed 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 (AGDRP—Ex-Tropical Cyclone Alfred—New South Wales) Determination (No. 2) 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.