Social Security Amendment (Australian Government Disaster Recovery Payment) Bill 2023 - Commentary on Ministerial Responses [2023] AUSStaCSBSD 193 (18 October 2023)

• Social Security Amendment (Australian Government Disaster Recovery Payment) Bill 2023130

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Social Security Amendment (Australian Government Disaster Recovery Payment) Bill 2023^[130]

Purpose	The Social Security Amendment (Australian Government Disaster Recovery Payment) Bill 2023 amends the Social Security Act 1991 to provide greater certainty in supporting automation processes and ensure the timely payment of claims for the Australian Government Disaster Recovery Payment in the 2023/24 High Risk Weather Season and beyond.
Portfolio	Home Affairs
Introduced	House of Representatives on 6 September 2023
Bill status	Received Royal Assent on 28 September 2023

Instruments not subject to an appropriate level of parliamentary oversight162F^[131]

2.12 Item 2 of schedule 1 to the bill inserts subparagraph 1061K(1)(b)(v) into the Social Security Act 1991 (the Act), which has the effect of requiring anyone who is eligible for an Australian Government Disaster Recovery Payment ('AGDRP') to be covered by a determination made under subsection 1061K(3A). Item 3 of schedule 1 inserts subsection 1061K(3A), which allows the minister to determine, by notifiable instrument, that a person is eligible for an AGDRP if they:

• have been in Australia for a specified period, ending on the day a major disaster is determined under the Act; and

• are an Australian citizen, permanent visa holder or a protected special category visa holder.

2.13 As instruments made under subsection 1061K(3A) are notifiable instruments, they are not subject to the tabling, disallowance or sunsetting requirements that apply to legislative instruments.

2.14 In Scrutiny Digest 11 of 2023, the committee requested the minister's advice as to why it is considered appropriate that instruments made under subsection 1061K(3A) are notifiable instruments and whether the bill could be amended to provide that these instruments are legislative instruments.163F^[132]

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^[130] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Social Security Amendment (Australian Government Disaster Recovery Payment) Bill 2023, Scrutiny Digest 12 of 2023; [2023] AUSStaCSBSD 193.

^[131] Schedule 1, item 3, proposed subsection 1061K(3A). The committee draws senators’ attention to this provision pursuant to Senate standing order 24(1)(a)(v).

^[132] Senate Scrutiny of Bills Committee, Scrutiny Digest 11 of 2023 (13 September 2023) pp. 3–5.