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(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 16) (2) This instrument may also be cited as LIN 19/312.
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Commonwealth legislation
This instrument tells how the Social Security Act’s one‑off Australian Government Disaster Recovery Payment applies to the February–March 2019 Victorian bushfires in the Baw Baw, Cardinia and Latrobe local government areas. It sets which people count as ‘adversely affected’—for example the seriously injured, immediate family of those killed, people whose principal residence was destroyed or suffered major damage, and principal carers of affected children—so that eligible people can claim the Commonwealth payment and undergo normal verification.
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Direct links to the current provisions in Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 16).
(1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 16) (2) This instrument may also be cited as LIN 19/312.
This instrument commences on the day it is signed.
Note: Any retrospective application of this instrument is permitted by operation of subsection 12(2) of the Legislation Act 2003.
(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 damage, for a residence, means:
(a) damage to the interior of the residence; or
(b) that the residence is structurally unsound; or
(c) damage to the residence that exposes the interior of the residence to the elements; or
(d) sewage contamination of the interior of the residence or of the water supply to the residence.
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 that occurred in February and March 2019 in Victoria, affecting the local government areas of Baw Baw, Cardinia and Latrobe. (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 serious 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) the person is a principal carer of a child to whom paragraphs (a), (b) or (c) apply.
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—Victorian Bushfires) Determination 2019 (No. 16) (2) This instrument may also be cited as LIN 19/312.
This instrument commences on the day it is signed.
Note: Any retrospective application of this instrument is permitted by operation of subsection 12(2) of the Legislation Act 2003.
(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 damage, for a residence, means:
(a) damage to the interior of the residence; or
(b) that the residence is structurally unsound; or
(c) damage to the residence that exposes the interior of the residence to the elements; or
(d) sewage contamination of the interior of the residence or of the water supply to the residence.
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 that occurred in February and March 2019 in Victoria, affecting the local government areas of Baw Baw, Cardinia and Latrobe. (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 serious 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) the person is a principal carer of a child to whom paragraphs (a), (b) or (c) apply.