On 18 October 2013 as bushfires raged up and down the NSW east coast, the Abbott Government performed this act of bastardry

The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster. [ComLaw October 2013]

Those who have lived through natural disasters before will note that the Abbott Government is no longer paying relief if the October 2013 bushfires in New South Wales have forced an individual or family out of their house for 24 hours or more, or if access to return home has been cut off or if they are stranded at home and unable to leave.

The Schedule 2 clause covering these circumstances in a bushfire major disaster formerly allowed payments if:

(iv)  the person is unable to gain access to his or her principal place of residence for at least 24 hours because:

(A)  access to the place of residence is cut off  or

(B)  the person is unable to leave a place affected by the disaster;

(v)  the person is stranded in his or her principal place of residence for at least 24 hours, or

(b)  as a result of the disaster, the person’s principal place of residence was without a particular utility service for a continuous period of 48 hours;

This is the new criteria template as set out in Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5):

I, Michael Keenan, Minister for Justice, make this determination under subsection 106lL (2) of the Social Security Act 1991.

Dated   18th October 2013

Michael Keenan

Minister for Justice

1              Name of determination

        This determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5).

2              Commencement

                This determination commences on the day after it is registered.

3              Definitions

         (1)   In this determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes 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 stepchild; 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, stepbrother or stepsister.

Note   This term is used in a different sense to that used in the Act.

major damage, for a residence, means:

                (a)    damage to at least a quarter of the interior of the residence; or

                (b)    that the residence is structurally unsound; or 

             (c)    damage to the residence that exposes at least a quarter of 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.

  4            Person adversely affected by a major disaster

              For 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.

Note   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.

Schedule 1  Major disaster

Only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lithgow, Muswellbrook, Port-Macquarie Hastings, Port Stevens, Wyong, Wingecarribee.

                Schedule 2  Circumstances in which person adversely affected

A person is adversely affected by a major disaster mentioned in Schedule 1 if:

 (a)    as a direct result of the disaster:

          (i)  the person is seriously injured; or

          (ii)  the person is an immediate family member of an Australian who is killed; or

          (iii)  the person’s principal place of residence has been destroyed
or has sustained major damage; or

 (b)    the person is the principal carer of a child to whom paragraph (a) applies.