1 Name of Specification

This Specification is the Social Security (Waiver of Debts — Victorian Bushfires) (DEEWR) Specification 2009.

2 Commencement

This Specification commences on the day after the end of the period for disallowing it.

Note For that period, see section 42 of the Legislative Instruments Act 2003.

3 Definitions

In this Specification:

Act means the Social Security Act 1991.

affected family member, of a person, means an individual:

(a) who is the person’s partner; or

(b) who is the natural parent, adoptive parent or step‑parent of the person; or

(d) who is the natural child, adoptive child or step‑child of the person; or

(e) who is the brother, sister, stepbrother or stepsister of the person.

bushfire period means the period:

(a) beginning on 29 January 2009; and

(b) ending at the end of 29 April 2009.

destroyed, for a person’s principal place of residence, includes damage to the residence to the extent that it must be demolished.

partner means a person who is a member of a couple within the meaning of section 4 of the Social Security Act 1991.

seriously injured, for a person, means:

(a) the person sustained injury; and

(b) either the person was admitted, or required admittance, to hospital.

4 Specification of class of debts

For section 1237AB of the Act, a debt is in a specified class if:

(a) it was incurred by a person for a period that occurred either wholly or partly during the bushfire period; and

(b) the person was adversely affected by the bushfires in Victoria during the bushfire period; and

(c) if the debt was incurred for a period occurring partly during the bushfire period — it is the part of the debt attributable to days occurring in the bushfire period.

5 Adversely affected by the Victorian bushfires

(1) A person is adversely affected by the bushfires in Victoria if, as a direct result of the bushfires:

(a) the person was seriously injured; or

(b) an affected family member of the person was killed; or

(d) the person’s principal place of residence sustained major damage; or

(e) the person was unable to return to his or her principal place of residence for at least 24 hours; or

(f) a utility failure occurred in the person’s principal place of residence; or

(g) the person experienced psychological trauma.

(2) A person is unable to return to the person’s principal place of residence if the person cannot return to the residence, as supported by evidence.

(3) A person’s principal place of residence sustains major damage if:

(a) at least one quarter of the residence has been damaged; or

(b) the residence became structurally unsound, as supported by evidence.

(4) A place is a person’s principal place of residence if:

(a) the person normally resides in the place; and

(b) the person has a right or licence entitling the person to reside in the place.

(5) A utility failure occurred in a residence if:

(a) there was a failure in the supply of electricity, water or gas to the residence for at least 48 hours; or

(b) the sewerage for the residence failed for at least 24 hours; or

(6) A person experiences psychological trauma if:

(a) the person was in the immediate area of the bushfires in Victoria; and

(b) any of the following occurred:

(i) the person was an eyewitness to a person seriously injured during the bushfires;

(ii) the person was an eyewitness to the remains, body or bodies of a deceased person or persons killed as a result of the bushfires;

(iii) the person was separated for at least 24 hours from an affected family member who was in the immediate area of the bushfires;

(iv) the person’s life was under immediate threat;

(v) the person’s principal place of residence was under immediate threat;

(vi) business premises, or other real property, owned by the person, were under immediate threat.

6 Debts to which section 4 does not apply

Section 4 does not apply to the following:

(a) a debt incurred by a person if the person knowingly made a false or misleading statement, or knowingly provided false information, to the Commonwealth in relation to that debt;

(b) a debt incurred under Division 5 of Part 3.14 of the Act.