Jenny has come to a free legal clinic at a homeless shelter for advice. Until January 2023, Jenny lived in her car (a 2002 Toyota Camry) which was p

Jenny has come to a free legal clinic at a homeless shelter for advice. Until January 2023, Jenny lived in her car (a 2002 Toyota Camry) which was parked beside a park in Lawler Street, Forbes, New South Wales. She sometimes needed to move her car to avoid being fined by the Council. Unfortunately, the car and her belongings were damaged by water ingress during flooding that took place in Forbes in late December 2022.

Jennys support worker helped lodge an application for a Government Flood Relief Payment, but Centrelink refused the application on the grounds that her car is not a residence. Your supervisor has suggested she should apply for an Australian Government Disaster Recovery Payment (AGDRP) instead.

You are researching Jennys eligibility for the AGDRP and find:

AGDRP is a one-off payment provided to eligible Australian residents who are adversely affected by a major disaster.

Activation of AGDRP involves:

a determination by the Minister for Emergency Management (the Minister) under section 36 of theSocial Security Act 1991(Cth) (the Act) that an event is a major disaster; and

a determination by the Minister under section 1061L of the Act of the meaning of adversely affected.

In January 2023, the Minister issued a Social Security (Australian Government Disaster Recovery Payment) Determination covering floods in Jennys area.

Use your legal research skills to locate the relevant determination.

In a few sentences, describe what search terms and which database/s you used to find it. (150-200 words, 2 marks)

Identify the Determination in AGLC4 referencing style. (2 marks)

For the purposes of subsection 1061L(2) of the Act, what criteria must Jenny meet to be adversely affected by the disaster? (150-200 words 3 marks)

Which criteria, if any, do you think Jenny will struggle to meet? Why/why not? (150-200 words, 3 marks)

Using principles of statutory construction, construct an argument for Jennys car to be considered aprincipal place of residencefor the purposes of the Determination. You must draw on at least three extrinsic or intrinsic tools of construction (750-900 words, 10 marks)

You must use appropriate references by way of footnotes and a bibliography in accordance with AGLC4 referencing. While you are not expected to research widely for this task, you are expected to utilise 6-8 sources including legislation, case law and statutory interpretation texts, to support your position.

Criteria High Distinction (85-100%) Distinction (75-84%) Credit (65-74%) Pass (50-64%) Fail (0-49%)

Identification of relevant legal issues in the Determination and application to the facts

Comprehensively identifies the Determination and relevant criteria are applied to the facts. Appropriate research method is outlined with precision. Accurately identifies the Determination and key criteria are applied to the facts. Appropriate research method is clearly outlined. Accurately identifies the Determination and some criteria are applied to the facts. Appropriate research method is identified. Identifies the Determination. Some relevant criteria are loosely applied to the facts. Research attempt is evident. Does not accurately identify the Determination or relevant criteria. Research method is not evident.

Application of interpretative criteria (statutory interpretation) Accurate, complete and sophisticated application of interpretive criteria. Presents persuasive and informed arguments based on leading precedents and extensive research. Accurate and complete application of interpretive criteria. Presents persuasive and informed arguments based on precedent and research. The discussion applies relevant interpretive criteria and presents persuasive and informed arguments with reference to precedent and research. The discussion applies some relevant interpretive criteria and presents logical arguments supported by research. The discussion does not apply relevant interpretive criteria. Arguments are unconvincing, unclear or uninformed.

Language and presentation of paper Uses legal language appropriately and with faultless grammar and spelling. Presentation follows guidelines, appears professional and demonstrates attention to detail. Uses clear and fluent language with accurate grammar and spelling. Presentation follows guidelines and appears professional. Uses clear language with accurate grammar and spelling notwithstanding some errors. Presentation follows guidelines. Uses understandable language, notwithstanding some grammar and/or spelling errors. Presentation mostly follows guidelines. Language is frequently unclear, inappropriate in tone and/or there are numerous grammar or spelling errors. Presentation fails to adhere to guidelines.

Referencing Cites and references comprehensively, demonstrates academic integrity, and complies fully with the Australian Guide to Legal Citation (version 4) system of referencing conventions.

Cites and references accurately and complies with the Australian Guide to Legal Citation (version 4) system of referencing conventions. Fewer than three minor errors or omissions which do not impact on the acknowledgment and traceability of the source material, or the demonstration of academic integrity.

Cites and references in compliance with the Australian Guide to Legal Citation (version 4) system of referencing. Up to eight minor errors or omissions in style and formatting choices (e.g. italics, punctuation, underlining) do not impact the acknowledgment or traceability of source material, or the demonstration of academic integrity. Cites and references consistently, but lacking compliance with the Australian Guide to Legal Citation (version 4) system of referencing. Frequent minor errors or omissions in style and formatting choices (e.g. italics, punctuation, underlining) do not impact the acknowledgment or traceability of source material, or the demonstration of academic integrity. Citations and references are inconsistent or do not comply with the Australian Guide to Legal Citation (version 4) system of referencing.