{"id":"F2013L00946","name":"Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013","slug":"social-security-australian-victim-of-terrorism-overseas-payment-principle-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437819,"registerId":"F2013L00946-fast-fetch-1775954512725","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\n \n\n \n\nSocial Security (Australian Victim of Terrorism Overseas Payment) Principle 2013\n\nI, Mark Dreyfus QC, Attorney‑General, make the following principle under the Social Security Act 1991.\n\nDated: 6 June 2013\n\nMark Dreyfus QC\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name of principle\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Purpose\n\n6 Simplified outline\n\nPart 2—Principles relating to primary victims\n\nDivision 2.1—General approach to determining AVTOP for primary victims\n\n7 Determining amount of AVTOP\n\n8 Factors not to be taken into account\n\nDivision 2.2—Nature of primary victim’s injury\n\n9 Schedule of injuries\n\n10 Multiple injuries\n\n11 Burns and scarring\n\nDivision 2.3—Impact of terrorist act on primary victim 16 years or older\n\n12 Assessing impact of terrorist act\n\nDivision 2.4—Impact of terrorist act on primary victim under 16 years\n\n13 Assessing impact of terrorist act\n\nDivision 2.5—Circumstances in which primary victim’s injury incurred\n\n14 Circumstances that must be taken into account\n\n15 Reduction of AVTOP\n\nPart 3—Principles relating to secondary victims\n\nDivision 3.1—General approach to determining AVTOP for secondary victims\n\n16 Determining amount of AVTOP\n\n17 Factor not to be taken into account\n\nDivision 3.2—Circumstances in which death occurred\n\n18 Circumstances that must be taken into account\n\n19 Reduction of AVTOP\n\nDivision 3.3—Apportioning AVTOP where more than one secondary victim has claimed\n\n20 Apportioning payments among secondary victims\n\nSchedule 1—AVTOP Schedule of Injuries\n\nSchedule 2—AVTOP—Assessing impact of terrorist act on primary victim 16 years or older\n\nPart 1—Assessing impact on personal relationships, mobility, recreational and community activities and domestic activities\n\nPERSONAL RELATIONSHIPS\n\nMOBILITY\n\nRECREATIONAL AND COMMUNITY ACTIVITIES\n\nDOMESTIC ACTIVITIES\n\nPart 2—Assessing impact on employment activities\n\nSchedule 3—AVTOP—Assessing impact of terrorist act on primary victim under 16 years\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name of principle\n\n  This principle is the Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013.\n\n2  Commencement\n\n  This principle commences on the day after it is registered.\n\n3  Authority\n\n  This principle is made under the Social Security Act 1991.\n\n4  Definitions\n\n  In this principle:\n\nAct means the Social Security Act 1991.\n\nAVTOP or Australian Victim of Terrorism Overseas Payment means a payment under Part 2.24AA of the Act.\n\nclose family member: see subsection 1061PAA(4) of the Act.\n\ndeceased person means a person who has died as a direct result of a declared overseas terrorist act.\n\ndeclared overseas terrorist act: see subsection 23(1) of the Act.\n\ninjury means an injury mentioned in Schedule 1.\n\nparent includes a legal guardian.\n\nprimary victim: see subsection 1061PAA(2) of the Act.\n\nsecondary victim: see subsection 1061PAA(3) of the Act.\n\nterrorist act: see subsection 23(1) of the Act.\n\n5  Purpose\n\n  The purpose of an AVTOP is:\n\n (a) to provide assistance to a person who has suffered an injury as a direct result of a declared overseas terrorist act; and\n\n (b) to provide assistance to a person who is a close family member of a deceased person.\n\nNote: A person may qualify for other forms of assistance in relation to the person’s more immediate financial needs resulting from an overseas terrorist act such as an Australian Government Disaster Recovery Payment, financial assistance under the Disaster Health Care Assistance Scheme where activated or consular or repatriation assistance.\n\n6  Simplified outline\n\n  The following is a simplified outline of this principle:\n\nThis principle is to be used to determine the amount of an AVTOP payable to a person in relation to a declared overseas terrorist act. The Act provides that the amount of an AVTOP for a primary victim or a secondary victim must not exceed $75,000 and that the sum of all AVTOPs for the secondary victims of a close family member must not exceed $75,000.\n\nPart 1 contains definitions and explains the purpose of providing AVTOP assistance.\n\nPart 2 contains the principles for determining an AVTOP for a primary victim, including principles requiring consideration of:\n\n (a) the nature of the victim’s injury (Division 2.2 and Schedule 1); and\n\n (b) the impact of the terrorist act on the victim’s life, assessed differently depending on the age of the victim:\n\n  Division 2.3 and Schedule 2 apply where the victim is 16 years or older; and\n\n  Division 2.4 and Schedule 3 apply where the victim is under 16 years; and\n\n (c) any reductions that must be applied because of:\n\n  other financial assistance received by the victim from a foreign country for the injury (section 7); or\n\n  the circumstances in which the injury was incurred (Division 2.5).\n\nPart 3 contains the principles for determining an AVTOP for a secondary victim, including principles requiring consideration of:\n\n (a) any reduction that must be applied because of:\n\n  other financial assistance received from a foreign country in relation to the terrorist act (section 16); or\n\n  an AVTOP made to the deceased person as a primary victim (section 16); or\n\n  the circumstances in which the death occurred (Division 3.2); and\n\n (b) the number of other secondary victims claiming an AVTOP in relation to the deceased person (Division 3.3); and\n\n (c) the relationship between the secondary victim and the deceased person (Division 3.3).\n\nPart 2—Principles relating to primary victims\n\nDivision 2.1—General approach to determining AVTOP for primary victims\n\n7  Determining amount of AVTOP\n\n  When determining the amount of an AVTOP for a primary victim of a declared overseas terrorist act, the Secretary must do the following:\n\n (a) consider whether the primary victim has suffered an injury as a direct result of the terrorist act and if so, determine an amount under Division 2.2 disregarding any amount over $75,000;\n\n (b) if the primary victim has suffered an injury as a direct result of the terrorist act and the amount determined under Division 2.2 is less than $75,000—consider the impact of the terrorist act on the victim’s life and determine an amount under Division 2.3 (for a victim 16 years or older) or Division 2.4 (for a victim under 16 years);\n\n (c) if paragraph (b) applies—add together the amounts determined under paragraphs (a) and (b), disregarding any amount over $75,000;\n\n (d) if the victim has received financial assistance from a foreign country for an injury arising from the terrorist act (other than financial assistance for economic loss resulting from the injury)—determine the amount of the assistance received for that injury and deduct that amount from the amount determined under paragraph (a) or, if paragraph (b) applies, from the amount determined under paragraph (c);\n\nNote: Further details of foreign financial assistance in relation to the terrorist act may be found on the following website: (www.disasterassist.gov.au).\n\n (e) consider any circumstances in which the injury was incurred and determine if a reduction in the amount of AVTOP payable is required under Division 2.5 and the amount of the reduction;\n\n (f) subtract any amount determined under paragraph (e) from:\n\n (i) if paragraph (d) applies—the amount worked out under paragraph (d); or\n\n (ii) if paragraph (d) does not apply and paragraph (b) applies—the amount determined under paragraph (c); or\n\n (iii) in any other case—the amount determined under paragraph (a).\n\n8  Factors not to be taken into account\n\n (1) In considering the nature of the injury suffered by a primary victim or the impact of the terrorist act on the victim’s life, the Secretary must disregard the extent to which the injury, or the effect of the injury, may be reduced or limited by an external removable aid or appliance.\n\n (2) In determining the amount of AVTOP payable to a primary victim the Secretary must not take into account any expenses incurred by the primary victim as a result of the terrorist act.\n\nDivision 2.2—Nature of primary victim’s injury\n\n9  Schedule of injuries\n\n (1) The Secretary must determine the amount of AVTOP payable under this Division for a primary victim of a declared overseas terrorist act in accordance with Schedule 1.\n\n (2) An injury mentioned in an item in Schedule 1 qualifies for the amount of AVTOP mentioned in the item.\n\n (3) For an injury mentioned in item 298 of Schedule 1, the Secretary may determine an amount of AVTOP for the injury that the Secretary believes is appropriate, having regard to the nature and severity of the injury.\n\n10  Multiple injuries\n\n (1) If a primary victim has suffered more than one injury as a direct result of the terrorist act the amount of AVTOP that is payable for all the injuries is the total of the following:\n\n (a) the amount worked out in accordance with Schedule 1 for the victim’s most serious injury;\n\n (b) 30% of the amount worked out in accordance with Schedule 1 for the victim’s second most serious injury;\n\n (c) if there are more than 2 injuries—15% of the amount worked out in accordance with Schedule 1 for the victim’s third most serious injury.\n\n (2) For subsection (1):\n\n (a) the victim’s most serious injury is the injury, or one of the injuries, that qualifies for the highest amount out of all the victim’s injuries (the first amount); and\n\n (b) the victim’s second most serious injury is:\n\n (i) if there is another injury that qualifies for the same amount as the first amount—that injury; or\n\n (ii) the injury, or one of the injuries, that qualifies for the second highest amount out of all the victim’s injuries (the second amount); and\n\n (c) the victim’s third most serious injury is:\n\n (i) if subparagraph (b)(i) applies and there is a further injury that qualifies for the same amount as the first amount—that injury; or\n\n (ii) if subparagraph (b)(ii) applies and there is a further injury that qualifies for the same amount as the second amount—that injury; or\n\n (iii) the injury, or one of the injuries, that qualifies for the third highest amount out of all the victim’s injuries.\n\n (3) The Secretary must not consider any further injuries resulting from the terrorist act in determining the amount of AVTOP payable to the primary victim.\n\n11  Burns and scarring\n\n (1) When determining the amount of AVTOP payable to a primary victim the Secretary may take into account the victim’s burns to a part of the body or the victim’s scarring of that part of the body caused by the burns but not both.\n\n (2) An amount of AVTOP is only payable for scarring if the scarring is permanent.\n\nDivision 2.3—Impact of terrorist act on primary victim 16 years or older\n\n12  Assessing impact of terrorist act\n\n (1) This Division applies to a primary victim of a declared overseas terrorist act who is 16 years or older at the time of the terrorist act.\n\n (2) If the amount of AVTOP for the primary victim worked out in accordance with Division 2.2 is less than $75,000, the Secretary must also determine the amount of AVTOP for the impact of the terrorist act on the victim’s life in accordance with this Division.\n\n (3) Part 1 of Schedule 2 is to be used to rate the impact of the terrorist act on a scale of nil to 7 on each of the following:\n\n (a) the victim’s personal relationships;\n\n (b) the victim’s mobility;\n\n (c) the victim’s recreational and community activities;\n\n (d) the victim’s domestic activities.\n\n (4) Part 2 of Schedule 2 is to be used to rate the impact of the terrorist act on a scale of nil to 5 on the victim’s employment activities.\n\n (5) Each rating worked out under subsections (3) and (4) is to be converted into an amount using the following table:\n\n \n\n- Assessing impact of terrorist act\n- Rating Amount ($)\n- Personal relationships, mobility, recreational and community activities, and domestic activities\n- 0 Nil\n- 1 15,000\n- 2 25,000\n- 3 35,000\n- 4 45,000\n- 5 55,000\n- 6 65,000\n- 7 75,000\n- Employment activities\n- 0 Nil\n- 1 15,000\n- 2 30,000\n- 3 50,000\n- 4 60,000\n- 5 75,000\n\n\n (6) The amount of AVTOP payable under this Division is to be worked out in accordance with the following formula:\n\n![](image.002.png)\n\nwhere:\n\n  X is the total of all the amounts derived under subsection (5).\n\nDivision 2.4—Impact of terrorist act on primary victim under 16 years\n\n13  Assessing impact of terrorist act\n\n (1) This Division applies to a primary victim of a declared overseas terrorist act who is under 16 years at the time of the terrorist act.\n\n (2) If the amount of AVTOP for the primary victim worked out in accordance with Division 2.2 is less than $75,000, the Secretary must also determine the amount of AVTOP for the impact of the terrorist act on the victim’s life in accordance with this Division.\n\n (3) The answers to the questions in Schedule 3 are to be used to rate the impact of the terrorist act on the victim’s life on a scale of nil to 3.\n\n (4) The rating worked out under subsection (3) for each question answered, is to be converted into an amount using the following table:\n\n \n\n| Assessing impact of terrorist act |  |\n| --- | --- |\n| Rating | Amount ($) |\n| 0 | Nil |\n| 1 | 25,000 |\n| 2 | 50,000 |\n| 3 | 75,000 |\n\n\n (5) The amount of AVTOP payable under this Division is to be worked out in accordance with the following formula:\n\n![](image.003.png)\n\nwhere:\n\nX is the total of all the amounts derived under subsection (4).\n\nDivision 2.5—Circumstances in which primary victim’s injury incurred\n\n14  Circumstances that must be taken into account\n\n (1) When determining the amount of an AVTOP for a primary victim of a declared overseas terrorist act, the Secretary must take into account the following:\n\n (a) whether the victim failed to take reasonable steps to avoid harm or acted recklessly when the terrorist act occurred;\n\n (b) whether the victim travelled to the place where the terrorist act occurred despite travel advice on an Australian government website advising people to reconsider the need to travel to that place because of a high risk of a terrorist act;\n\n (c) whether the victim travelled to the place where the terrorist act occurred despite travel advice on an Australian government website advising against travelling to that place because of a high risk of a terrorist act;\n\n (d) whether the victim was directed by an official of Australia or a foreign country to leave or not to go to the place where the terrorist act occurred because of a high risk of a terrorist act.\n\n (2)  This section does not apply if the primary victim was a child under 16 years at the time of the terrorist act.\n\n15  Reduction of AVTOP\n\n (1) If, after considering the matters set out in section 14, the Secretary decides that the primary victim acted without due regard to the consequences or against advice, the Secretary must reduce the amount of an AVTOP for the primary victim in accordance with the following table:\n\n \n\n- Reduction of AVTOP\n- Item Circumstance Reduction (%)\n- 1 Paragraph 14(1)(a) (failure to take reasonable steps) 10\n- 2 Paragraph 14(1)(b) (reconsider need to travel warning) 15\n- 3 Paragraph 14(1)(c) (do not travel warning) 20\n- 4 Paragraph 14(1)(d) (official direction) 50\n\n\n (2) If the Secretary decides that the primary victim acted without due regard to the consequences or against advice in relation to more than one circumstance mentioned in the table in subsection (1), the Secretary must reduce the amount of an AVTOP for the primary victim by the percentage stated for the circumstance that has the highest percentage reduction.\n\nExample: If the Secretary decides that a primary victim ignored a “Do not travel” warning and also took no reasonable precaution when travelling in an area of known terrorist activity, the circumstances in items 1 and 3 of the table would apply. The Secretary must reduce the victim’s AVTOP by 20% as this is the highest percentage reduction of the 2 applicable circumstances.\n\n (3) However, the Secretary must not reduce the amount of an AVTOP under this section if:\n\n (a) the primary victim was in the place where the terrorist act occurred:\n\n (i) for a humanitarian purpose; or\n\n (ii) on official business for the government of the Commonwealth, a State or Territory; or\n\nExamples: Visiting a dying relative, travel to make a kidney donation, emergency relief work following a natural disaster.\n\n (b) the Secretary considers it is appropriate, in the circumstances of the particular case, not to reduce the amount of the AVTOP under this section.\n\nPart 3—Principles relating to secondary victims\n\nDivision 3.1—General approach to determining AVTOP for secondary victims\n\n16  Determining amount of AVTOP\n\n (1) To determine the amount of AVTOP payable to a secondary victim, the Secretary must do the following:\n\n (a) subtract from $75,000 any amount that is deductible under subsection (2);\n\n (b) if any circumstances require a reduction of AVTOP under Division 3.2—work out the amount of the reduction and subtract that amount from the amount determined under paragraph (a);\n\n (c) if any other person has made a claim as a secondary victim in relation to the deceased person—work out the secondary victim’s share by apportioning the amount determined under paragraph (a), or paragraph (b) if it applies, among all of the secondary victims who have made a claim and who are entitled to a share in accordance with Division 3.3;\n\n (d) if subsection 1061PAE(5) of the Act applies to the secondary victim because he or she has more than one claim for AVTOP in relation to the terrorist act—reduce the amount determined under paragraph (a), (b) or (c), as applicable, to ensure that the sum of all the AVTOPs paid to the victim does not exceed $75,000.\n\n (2) The deductible amounts are the following:\n\n (a) the amount of any financial assistance received from a foreign country for the death of the deceased person (other than financial assistance for economic loss resulting from the deceased person’s death) by:\n\n (i) the secondary victim; or\n\n (ii) any other person who has made a claim as a secondary victim in relation to the deceased person and who is entitled to a share in accordance with Division 3.3;\n\n (b) the amount of any financial assistance received from a foreign country by the deceased person for injuries suffered by the deceased person as a direct result of the terrorist act (other than financial assistance for economic loss resulting from the injury);\n\nNote: Further details of foreign financial assistance in relation to the terrorist act may be found on the following website: (www.disasterassist.gov.au).\n\n (c) the amount of any AVTOP received by the deceased person as a primary victim.\n\n17  Factor not to be taken into account\n\n  In determining the amount of AVTOP payable to a secondary victim the Secretary must not take into account any expenses incurred by the secondary victim as a result of the terrorist act.\n\nDivision 3.2—Circumstances in which death occurred\n\n18  Circumstances that must be taken into account\n\n (1) When determining the amount of an AVTOP for a secondary victim of a declared overseas terrorist act, the Secretary must take into account the following:\n\n (a) whether the deceased person failed to take reasonable steps to avoid harm or acted recklessly when the terrorist act occurred;\n\n (b) whether the deceased person travelled to the place where the terrorist act occurred despite travel advice on an Australian government website advising people to reconsider the need to travel to that place because of a high risk of a terrorist act;\n\n (c) whether the deceased person travelled to the place where the terrorist act occurred despite travel advice on an Australian government website advising against travelling to that place because of a high risk of a terrorist act;\n\n (d) whether the deceased person was directed by an official of Australia or a foreign country to leave or not to go to the place where the terrorist act occurred because of a high risk of a terrorist act.\n\n (2) This section does not apply if the deceased person was a child under 16 years at the time of the terrorist act.\n\n19  Reduction of AVTOP\n\n (1) If, after considering the matters set out in section 18, the Secretary decides that the deceased person acted without due regard to the consequences or against advice, the Secretary must reduce the amount of an AVTOP for the secondary victim in accordance with the following table:\n\n \n\n- Reduction of AVTOP\n- Item Circumstance Reduction (%)\n- 1 Paragraph 18(1)(a)(failure to take reasonable steps) 10\n- 2 Paragraph 18(1)(b)(reconsider need to travel warning) 15\n- 3 Paragraph 18(1)(c)(do not travel warning) 20\n- 4 Paragraph 18(1)(d)(official direction) 50\n\n\n (2) If the Secretary decides that the deceased person acted without due regard to the consequences or against advice in relation to more than one circumstance mentioned in the table in subsection (1), the Secretary must reduce the amount of an AVTOP for the secondary victim by the percentage stated for the circumstance that has the highest percentage reduction.\n\nExample: If the Secretary decides that a deceased person ignored a “Do not travel” warning and also took no reasonable precaution when travelling in an area of known terrorist activity, the circumstances in items 1 and 3 of the table would apply. The Secretary must reduce the secondary victim’s AVTOP by 20% as this is the highest percentage reduction of the 2 applicable circumstances.\n\n (3) However, the Secretary must not reduce the amount of an AVTOP under this section if:\n\n (a) the deceased person was in the place where the terrorist act occurred:\n\n (i) for a humanitarian purpose; or\n\n (ii) on official business for the government of the Commonwealth, a State or Territory; or\n\nExamples: Visiting a dying relative, travel to make a kidney donation, emergency relief work following a natural disaster.\n\n (b) the Secretary considers it is appropriate, in the circumstances of the particular case, not to reduce the amount of the AVTOP under this section.\n\nDivision 3.3—Apportioning AVTOP where more than one secondary victim has claimed\n\n20  Apportioning payments among secondary victims\n\n (1) The Secretary must apportion the total AVTOP payable in relation to a deceased person among the secondary victims who have made a claim in relation to the deceased person, in accordance with the following table:\n\n \n\n- Apportioning payments among secondary victims\n- Item Where the secondary victim claimants are: The portion of total AVTOP payable is:\n- 1 A partner, and no child has made a claim Partner: 100%\n- 2 A partner, and a child or children Partner: 50%Child or children: 50%, shared equally among the children if more than 1 child\n- 3 A child or children, and no partner has made a claim 100%, shared equally among the children if more than 1 child\n- 4 A parent or parents, and no partner or child has made a claim 100%, shared equally among the parents if more than 1 parent\n- 5 A sibling or siblings, and no partner, parent or child has made a claim 100%, shared equally among the siblings if more than 1 sibling\n\n\n (2) The AVTOP payable to a secondary victim who has made a claim, but who is not entitled to a share under subsection (1), is nil.\n\n (3) However, if a reduction of AVTOP was made under paragraph 16(1)(d) in relation to the deceased person, the Secretary may distribute an amount, equivalent to the amount by which the AVTOP was reduced, among each secondary victim who has made a claim in relation to the deceased person, in whatever manner the Secretary considers appropriate.\n\nSchedule 1—AVTOP Schedule of Injuries\n\nNote: See section 9.\n\n \n\n   \n\n- AVTOP Schedule of Injuries\n- Item Injury Amount ($)\n- Brain damage\n- 1 Brain damage: moderate impairment of social or intellectual functions 60,000\n- 2 Brain damage: serious impairment of social or intellectual functions 75,000\n- 3 Brain damage: permanent—extremely serious (no effective control of functions) 75,000\n- Psychological or psychiatric disorder\n- 4 Psychological or psychiatric disorder category 1 (recognisable disorder that is moderately disabling and chronic) 30,000\n- 5 Psychological or psychiatric disorder category 2 (recognisable disorder that is severely disabling and chronic) 75,000\n- Burns\n- 6 Burns: multiple third degree burns covering at least 25% of body 75,000\n- Disease or other recognised medical illness causing disability (not being a disease or illness of the mind)\n- 7 Disability lasting 6 to 13 weeks 4,000\n- 8 Disability lasting 14 to 28 weeks 16,000\n- 9 Disability lasting over 28 weeks (but not permanent) 30,000\n- 10 Disability (permanent) 75,000\n- 11 Epilepsy—fully controlled 30,000\n- 12 Epilepsy—partially controlled 50,000\n- 13 Epilepsy—uncontrolled 75,000\n- 14 Cancer 75,000\n- 15 Tumour—cancerous 75,000\n- Head\n- 16 Ear: fractured mastoid 4,000\n- 17 Ear: partial loss of ear(s) 16,000\n- 18 Ear: loss of 1 ear 40,000\n- 19 Ear: loss of both ears 70,000\n- 20 Ear: partial deafness of 1 ear—remaining hearing socially useful with hearing aid if necessary 15,000\n- 21 Ear: partial deafness of both ears—remaining hearing socially useful with hearing aid if necessary 30,000\n- 22 Ear: perforated ear drum 6,000\n- 23 Ear: total deafness of 1 ear 60,000\n- 24 Ear: total deafness of both ears 75,000\n- 25 Ear: temporary partial deafness—lasting 6 to 13 weeks 4,000\n- 26 Ear: temporary partial deafness—lasting more than 13 weeks 6,000\n- 27 Ear: tinnitus (ringing noise in ears)—lasting 6 to 13 weeks 4,000\n- 28 Ear: tinnitus—lasting more than 13 weeks 12,000\n- 29 Ear: tinnitus—permanent (moderate) 30,000\n- 30 Ear: tinnitus—permanent (very serious) 60,000\n- 31 Eye: blow out fracture of orbit bone cavity containing eyeball 12,000\n- 32 Eye: blurred or double vision—lasting 6 to 13 weeks 4,000\n- 33 Eye: blurred or double vision—lasting more than 13 weeks 6,000\n- 34 Eye: blurred or double vision—permanent 30,000\n- 35 Eye: cataracts 1 eye (requiring operation) 12,000\n- 36 Eye: cataracts both eyes (requiring operation) 30,000\n- 37 Eye: cataracts 1 eye (permanent or inoperable) 30,000\n- 38 Eye: cataracts both eyes (permanent or inoperable) 70,000\n- 39 Eye: corneal abrasions 8,000\n- 40 Eye: damage to iris resulting in hyphaema (bleeding in ocular chamber) 10,000\n- 41 Eye: damage to irises resulting in hyphaema (bleeding in ocular chamber) 24,000\n- 42 Eye: degeneration of optic nerves 20,000\n- 43 Eye: detached retina 20,000\n- 44 Eye: detached retinas 50,000\n- 45 Eye: dislocation of lens 20,000\n- 46 Eye: dislocation of lenses 50,000\n- 47 Eye: glaucoma 10,000\n- 48 Eye: loss of 1 eye 75,000\n- 49 Eye: loss of both eyes 75,000\n- 50 Eye: loss of sight of 1 eye 75,000\n- 51 Eye: loss of sight of both eyes 75,000\n- 52 Eye: partial loss of vision—6/9 30,000\n- 53 Eye: partial loss of vision—6/12 40,000\n- 54 Eye: partial loss of vision—6/24 50,000\n- 55 Eye: partial loss of vision—6/36 60,000\n- 56 Eye: partial loss of vision—6/60 70,000\n- 57 Eye: residual floaters 20,000\n- 58 Eye: traumatic angle recession of eye 10,000\n- 59 Facial: dislocated jaw 8,000\n- 60 Facial: fractured malar or zygomatic or fractured malar and zygomatic—cheek bones 8,000\n- 61 Facial: fractured mandible or maxilla or fractured mandible and maxilla—jaw bones 12,000\n- 62 Facial: permanently clicking jaw 20,000\n- 63 Facial: permanent numbness or loss of feeling 16,000\n- 64 Facial: temporary numbness or loss of feeling—lasting 6 to 13 weeks 4,000\n- 65 Facial: temporary numbness or loss of feeling—lasting more than 13 weeks (recovery expected) 6,000\n- 66 Head burns (face): minor 8,000\n- 67 Head burns (face): moderate 20,000\n- 68 Head burns (face): severe 75,000\n- 69 Head burns (other than face): minor 6,000\n- 70 Head burns (other than face): moderate 16,000\n- 71 Head burns (other than face): severe 30,000\n- 72 Nose: deviated nasal septum 4,000\n- 73 Nose: deviated nasal septum requiring septoplastomy 8,000\n- 74 Nose: undisplaced fracture of nasal bones 4,000\n- 75 Nose: displaced fracture of nasal bones 6,000\n- 76 Nose: partial loss of smell or taste (or both) 20,000\n- 77 Nose: loss of smell or taste 40,000\n- 78 Nose: loss of smell and taste 60,000\n- 79 Nose: partial loss (at least 10%) 16,000\n- 80 Nose: loss 75,000\n- 81 Scarring (face): minor disfigurement 6,000\n- 82 Scarring (face): significant disfigurement 15,000\n- 83 Scarring (face): serious disfigurement 30,000\n- 84 Skull: balance impaired—permanent 30,000\n- 85 Skull: brain haemorrhage (full recovery) 16,000\n- 86 Skull: brain haemorrhage (residual minor impairment of social/intellectual functions) 30,000\n- 87 Skull: concussion (lasting at least 1 week) 6,000\n- 88 Skull: depressed fracture (no operation) 16,000\n- 89 Skull: depressed fracture (requiring operation) 24,000\n- 90 Skull: simple fracture (no operation) 10,000\n- 91 Skull: stroke (full recovery) 20,000\n- 92 Skull: subdural haematoma—treated conservatively 16,000\n- 93 Skull: subdural haematoma—requiring evacuation 30,000\n- 94 Teeth: chipped front teeth requiring crown 4,000\n- 95 Teeth: fractured tooth/teeth requiring crown 4,000\n- 96 Teeth: loss of 1 crown 2,000\n- 97 Teeth: loss of more than 1 crown 4,000\n- 98 Teeth: loss of 1 tooth other than front tooth 4,000\n- 99 Teeth: loss of 2 or more teeth other than front tooth 6,000\n- 100 Teeth: loss of 1 front tooth 6,000\n- 101 Teeth: loss of 2 or 3 front teeth 8,000\n- 102 Teeth: loss of 4 or more front teeth 12,000\n- 103 Teeth: slackening of teeth requiring dental treatment 4,000\n- 104 Tongue: impaired speech—slight 8,000\n- 105 Tongue: impaired speech—moderate 20,000\n- 106 Tongue: impaired speech—serious 40,000\n- 107 Tongue: impaired speech—severe 70,000\n- 108 Tongue: loss of speech—permanent 75,000\n- 109 Tongue: loss of tongue 75,000\n- Neck\n- 110 Neck burns: minor 6,000\n- 111 Neck burns: moderate 16,000\n- 112 Neck burns: severe 40,000\n- 113 Neck paralysis of all 4 limbs (quadriplegia or tetraplegia), paralysis of 1 side of the body (hemiplegia), paralysis of the lower limbs (paraplegia), paralysis of 1 lower limb, paralysis of 1 or both upper limbs 75,000\n- 114 Neck: strained—disabling for 6 to 13 weeks 4,000\n- 115 Neck: strained—disabling for more than 13 weeks 6,000\n- 116 Neck: strained—seriously disabling (not permanent) 20,000\n- 117 Neck: strained—seriously disabling (permanent) 40,000\n- 118 Neck scarring: minor disfigurement 6,000\n- 119 Neck scarring: significant disfigurement 12,000\n- 120 Neck scarring: serious disfigurement 16,000\n- Torso\n- 121 Back: fracture of vertebra (full recovery) 10,000\n- 122 Back: fracture of vertebra (continuing disability) 20,000\n- 123 Back: fracture of more than 1 vertebra (full recovery) 16,000\n- 124 Back: fracture of more than 1 vertebra (continuing disability) 30,000\n- 125 Back: prolapsed invertebral disc or discs—seriously disabling (not permanent) 20,000\n- 126 Back: prolapsed invertebral disc or discs—seriously disabling (permanent) 30000\n- 127 Back: ruptured invertebral disc or discs requiring surgical removal 40,000\n- 128 Back: strained back—disabling for 6 to 13 weeks 4,000\n- 129 Back: strained back—disabling for more than 13 weeks 10,000\n- 130 Back: strained back—seriously disabling (not permanent) 20,000\n- 131 Back: strained back—seriously disabling (permanent) 30,000\n- 132 Clavicle: fracture of collarbone 8,000\n- 133 Clavicle: fracture of both collarbones 20,000\n- 134 Coccyx: fracture of tail bone 10,000\n- 135 Miscarriage 75,000\n- 136 Fertility: loss of fertility 75,000\n- 137 Loss of ability to conceive 75,000\n- 138 Genitalia: injury requiring medical treatment (no permanent damage) 6,000\n- 139 Genitalia: injury requiring medical treatment (permanent damage) 20,000\n- 140 Breast: loss of one breast 35,000\n- 141 Breast: loss of both breasts 75,000\n- 142 Hernia 14,000\n- 143 Hip: dislocated (full recovery) 6,000\n- 144 Hip: dislocated (with continuing disability) 30,000\n- 145 Hip: fractured 30,000\n- 146 Injury requiring laparotomy 14,000\n- 147 Kidney: loss of kidney 75,000\n- 148 Lung: collapse of lung 14,000\n- 149 Lung: collapse of both lungs 30,000\n- 150 Lung: puncture of lung 12,000\n- 151 Lung: puncture of both lungs 24,000\n- 152 Lung: smoke inhalation in both lungs (permanent and disabling damage) 20,000\n- 153 Pelvis: fracture of pelvis 30,000\n- 154 Rib: fracture of rib 4,000\n- 155 Rib: fracture of 2 or more ribs 12,000\n- 156 Scapula: fracture of shoulder blade 10,000\n- 157 Scapula: fracture of both shoulder blades 24,000\n- 158 Shoulder: dislocated (full recovery) 6,000\n- 159 Shoulder: dislocated (with continuing disability) 20,000\n- 160 Shoulder: frozen 14,000\n- 161 Spleen: loss of spleen 16,000\n- 162 Sternum: fracture of breast bone 10,000\n- 163 Torso burns: minor 6,000\n- 164 Torso burns: moderate 16,000\n- 165 Torso burns: severe 40,000\n- 166 Torso scarring: minor disfigurement 4,000\n- 167 Torso scarring: significant disfigurement 10,000\n- 168 Torso scarring: serious disfigurement 20,000\n- Upper limbs\n- 169 1 or more fingers or thumb: dislocated on 1 hand (full recovery) 4,000\n- 170 1 or more fingers or thumb: dislocated on 1 hand (with continuing disability) 10,000\n- 171 1 or more fingers or thumbs: dislocated on both hands (full recovery) 12,000\n- 172 1 or more fingers or thumbs: dislocated on both hands (with continuing disability) 30,000\n- 173 1 or more fingers or thumb: fractured on 1 hand (full recovery) 6,000\n- 174 1 or more fingers or thumb: fractured on 1 hand (with continuing disability) 14,000\n- 175 1 or more fingers or thumbs: fractured on both hands (full recovery) 16,000\n- 176 1 or more fingers or thumbs: fractured on both hands (with continuing disability) 30,000\n- 177 Finger: loss of 1 other than index finger 20,000\n- 178 Finger: loss of index finger 30,000\n- 179 Finger: loss of 2 or more fingers 40,000\n- 180 Finger: partial loss of finger (1 joint) other than thumb or index finger 10,000\n- 181 Finger: partial loss of index finger (1 joint) 16,000\n- 182 Arm: loss of arm 75,000\n- 183 Arm: loss of both arms 75,000\n- 184 Arm: permanently and seriously impaired grip in 1 arm 30,000\n- 185 Arm: permanently and seriously impaired grip in both arms 60,000\n- 186 Elbow: dislocation or fracture of 1 elbow (full recovery) 12,000\n- 187 Elbow: dislocation or fracture of 1 elbow (with continuing disability) 30,000\n- 188 Elbow: dislocation or fracture of both elbows (full recovery) 30,000\n- 189 Elbow: dislocation or fracture of both elbows (with continuing disability) 40,000\n- 190 Thumb: partial loss (1 joint) 16,000\n- 191 Thumb: loss of thumb 60,000\n- 192 Hand: fracture of 1 hand (full recovery) 8,000\n- 193 Hand: fracture of 1 hand (with continuing disability) 20,000\n- 194 Hand: fracture of both hands (full recovery) 14,000\n- 195 Hand: fracture of both hands (with continuing disability) 30,000\n- 196 Hand: loss of 1 hand 75,000\n- 197 Hand: loss of both hands 75,000\n- 198 Humerus: fracture of upper arm bone (full recovery) 12,000\n- 199 Humerus: fracture of upper arm bone (with continuing disability) 20,000\n- 200 Humerus: fracture of both arms (full recovery) 30,000\n- 201 Humerus: fracture of both arms (with continuing disability) 40,000\n- 202 Radius: fracture of smaller forearm bone (full recovery) 12,000\n- 203 Radius: fracture of smaller forearm bone (with continuing disability) 20,000\n- 204 Radius: fracture of both arms (full recovery) 30,000\n- 205 Radius: fracture of both arms (with continuing disability) 40,000\n- 206 Tendons or ligaments: minor damage (full recovery) 4,000\n- 207 Tendons or ligaments: minor damage (with continuing disability) 12,000\n- 208 Tendons or ligaments: moderate damage (full recovery) 2,000\n- 209 Tendons or ligaments: moderate damage (with continuing disability) 20,000\n- 210 Tendons or ligaments: severe damage (full recovery) 12,000\n- 211 Tendons or ligaments: severe damage (with continuing disability) 30,000\n- 212 Ulna: fracture of inner forearm bone (full recovery) 12,000\n- 213 Ulna: fractured ulna (with continuing disability) 20,000\n- 214 Ulna: fracture of both arms (full recovery) 30,000\n- 215 Ulna: fracture of both arms (with continuing disability) 40,000\n- 216 Upper limbs burns: minor 6,000\n- 217 Upper limbs burns: moderate 16,000\n- 218 Upper limbs burns: severe 40,000\n- 219 Upper limbs scarring: minor disfigurement 4,000\n- 220 Upper limbs scarring: significant disfigurement 10,000\n- 221 Upper limbs scarring: serious disfigurement 16,000\n- 222 Wrist: fracture—colles type (full recovery) 16,000\n- 223 Wrist: fracture—colles type (with continuing disability) 30,000\n- 224 Wrist: fracture—including scaphoid (full recovery) 12,000\n- 225 Wrist: fracture—including scaphoid (with continuing disability) 24,000\n- 226 Wrist: fracture of both—colles type (full recovery) 30,000\n- 227 Wrist: fracture of both—colles type (with continuing disability) 40,000\n- 228 Wrist: fracture of both—including scaphoid fracture (full recovery) 24,000\n- 229 Wrist: fracture of both—including scaphoid fracture (with continuing disability) 40,000\n- 230 Wrist: sprain—disabling for 6 to 13 weeks 4,000\n- 231 Wrist: sprain—disabling for more than 13 weeks 6,000\n- 232 Wrist: sprain of both—disabling for 6 to 13 weeks 8,000\n- 233 Wrist: sprain of both—disabling for more than 13 weeks 12,000\n- Lower limbs\n- 234 Ankle: fracture of 1 ankle (full recovery) 12,000\n- 235 Ankle: fracture of 1 ankle (with continuing disability) 20,000\n- 236 Ankle: fracture of both ankles (full recovery) 30,000\n- 237 Ankle: fracture of both ankles (with continuing disability) 40,000\n- 238 Ankle: sprain of 1 ankle—disabling for at least 6 to 13 weeks 4,000\n- 239 Ankle: sprain of 1 ankle—disabling for more than 13 weeks 10,000\n- 240 Ankle: sprain of both ankles—disabling for at least 6 to 13 weeks 8,000\n- 241 Ankle: sprain of both ankles—disabling for more than 13 weeks 14,000\n- 242 Femur: fracture of 1 leg (with continuing disability) 20,000\n- 243 Femur: fracture of both legs (full recovery) 30,000\n- 244 Femur: fracture of both legs (with continuing disability) 40,000\n- 245 Femur: fracture of thigh bone (full recovery) 12,000\n- 246 Fibula: fracture of slender bone from knee to ankle (full recovery) 12,000\n- 247 Fibula: fracture of 1 leg (with continuing disability) 20,000\n- 248 Fibula: fracture of both legs (full recovery) 30,000\n- 249 Fibula: fracture of both legs (with continuing disability) 40,000\n- 250 Heel bone: fracture of 1 foot (full recovery) 10,000\n- 251 Heel bone: fracture of 1 foot (with continuing disability) 20,000\n- 252 Heel bone: fracture of both feet (full recovery) 20,000\n- 253 Heel bone: fracture of both feet (with continuing disability) 40,000\n- 254 Knees: injury requiring arthroscopy (investigative surgery/repair)—no fracture 8,000\n- 255 Leg: loss of leg below knee 75,000\n- 256 Leg: loss of leg above knee 75,000\n- 257 Leg: loss of both legs 75,000\n- 258 Lower limbs burns: minor 6,000\n- 259 Lower limbs burns: moderate 16,000\n- 260 Lower limbs burns: severe 40,000\n- 261 Lower limbs burns scarring: minor disfigurement 4,000\n- 262 Lower limbs burns scarring: significant disfigurement 6,000\n- 263 Lower limbs burns scarring: serious disfigurement 20,000\n- 264 Metatarsal bones: fracture of 1 foot (full recovery) 10,000\n- 265 Metatarsal bones: fracture of 1 foot (with continuing disability) 30,000\n- 266 Metatarsal bones: fracture of both feet (full recovery) 20,000\n- 267 Metatarsal bones: fracture of both feet (with continuing disability) 60,000\n- 268 Patella: dislocation of 1 leg (full recovery) 4,000\n- 269 Patella: dislocation of 1 leg (with continuing disability) 30,000\n- 270 Patella: dislocation of both legs (full recovery) 8,000\n- 271 Patella: dislocation of both legs (with continuing disability) 70,000\n- 272 Patella: fracture of knee cap (full recovery) 30,000\n- 273 Patella: fracture of both knee caps (full recovery) 40,000\n- 274 Patella: fracture of 1 leg (with continuing disability) 40,000\n- 275 Patella: fracture of both legs (full recovery) 60,000\n- 276 Patella: fracture of both legs (with continuing disability) 75,000\n- 277 Phalanges: fracture of toes 6,000\n- 278 Tarsal bones: fracture of 1 foot (full recovery) 10,000\n- 279 Tarsal bones: fracture of 1 foot (with continuing disability) 30,000\n- 280 Tarsal bones: fracture of both feet (full recovery) 20,000\n- 281 Tarsal bones: fracture of both feet (with continuing disability) 60,000\n- 282 Tendons or ligaments: minor damage (full recovery) 4,000\n- 283 Tendons or ligaments: minor damage (with continuing disability) 12,000\n- 284 Tendons or ligaments: moderate damage (full recovery) 8,000\n- 285 Tendons or ligaments: moderate damage (with continuing disability) 20,000\n- 286 Tendons or ligaments: severe damage (full recovery) 6,100\n- 287 Tendons or ligaments: severe damage (with continuing disability) 30,000\n- 288 Tibia: fracture of shin bone (full recovery) 12,000\n- 289 Tibia: fracture of shin bone (with continuing disability) 20,000\n- 290 Tibia: fracture of both legs (full recovery) 30,000\n- 291 Tibia: fracture of both legs (with continuing disability) 40,000\n- 292 Toe: fracture of 1 big toe 10,000\n- 293 Toe: fracture of 2 big toes 20,000\n- 294 Toe: loss of 2 big toes 45,000\n- 295 Toe: loss of 2 or more toes other than big toe 30,000\n- 296 Other injury not specified elsewhere in this table The amount determined for the injury under subsection 9(3).\n\n\nSchedule 2—AVTOP—Assessing impact of terrorist act on primary victim 16 years or older\n\nNote: See section 12.\n\nPart 1—Assessing impact on personal relationships, mobility, recreational and community activities and domestic activities\n\n \n\nPERSONAL RELATIONSHIPS\n\n \n\nThe personal relationships rating assesses a victim’s ability to take part in and maintain customary social, sexual and interpersonal relationships and how that ability has changed since the declared overseas terrorist act. To determine the impact of the terrorist act on the victim’s personal relationships, the following rating must be used:\n\n \n\nNil—No or negligible effect on personal and social relationships. Relationships are satisfying, with full participation in accustomed social and personal activities.\n\n \n\nOne—Personal and social relationships are fairly satisfying. Intermittent disadvantages may inhibit, but not prevent participation in accustomed range of social and personal activities.\n\n \n\nTwo—Mildly affected personal and social relationships. Social contacts and activities are reduced, participation in the accustomed range of activities is restricted.\n\n \n\nThree—Moderately affected personal and social relationships. Relationships usually confined to family, close friends, colleagues and neighbours. Unable to relate to casual acquaintances.\n\n \n\nFour—Markedly affected relationships. Most relationships are unsatisfying, maintenance of usual relationships with relatives, friends, neighbours and colleagues is difficult. Much less time is spent socialising than was the case formerly.\n\n \n\nFive—Severely affected relationships. Able to relate only to particular, or few people eg spouse or children. These remaining relationships are strained and of low quality.\n\n \n\nSix—Extreme difficulty in relating to anyone, for example:\n\n- difficulties in relating because of psychosis\n- ability to communicate is restricted due to stroke or other effect of accepted conditions.\n\n\n \n\nSeven—Unable to relate to anyone. All relationships prevented.\n\nMOBILITY\n\n \n\nThe mobility rating measures the effects of the impact of a declared overseas terrorist act on a victim’s ability to move about effectively in carrying out the ordinary activities of life. It allows for the ability to use available forms of transport. Lack of public transport is not to be taken into account.\n\nBoth physical and psychological impediments to mobility are to be taken into account. Restrictions on mobility due to mental health factors (eg agoraphobia, claustrophobia, dementia, anxiety, confusion, etc) or sensory deficit (eg hearing loss, reduced vision) should be rated in the same way as the more obvious restrictions due to physical impairment.\n\n \n\nNil—No or minimal restrictions of mobility, full mobility.\n\n \n\nOne—Intermittent or periodic effects on mobility:\n\n- mobility affected only when impairment (eg sciatica, angina) is present. Between attacks there are no restrictions\n- if there is permanent impairment (eg night blindness) the effect is only sporadically limiting.\n\n\n \n\nTwo—Mild effects on mobility, eg slowing of pace in some circumstances, or need for a walking stick.\n\n \n\nThree—Moderately reduced mobility:\n\n- mobility curtailed or diminished because of frailty, lack of confidence or moderate agoraphobia\n- travel as a passenger, in private and public transport, possible in most circumstances without the need for a break in travel or for special seating arrangements\n- dependent on a walking stick or similar device. Independent in leaving home and reaching destination but has some difficulty.\n\n\n \n\nFour—Markedly reduced mobility:\n\n- assistance is needed to cope with public or private transport\n- there is considerable difficulty in travelling to and from a destination\n- restricted in the use of at least 2 forms of public transport.\n\n\n \n\nFive—Major impediments to mobility:\n\n- dependent upon others, mechanical devices such as wheelchairs\n- there is considerable difficulty in travelling to and from a destination\n- restricted in the use of at least 2 forms of public transport.\n\n\n \n\nSix—Severe impediments to mobility:\n\n- restricted to home and immediate vicinity, unless door to door transport and assistance from others are provided\n- unable to drive a car in any circumstance.\n\n\n \n\nSeven—Restricted to room or chair:\n\n- severe agoraphobia permanently confines victim to home\n- dependent upon others, or hoists or similar appliances to get in and out of bed.\n\n\nRECREATIONAL AND COMMUNITY ACTIVITIES\n\nThe recreational and community activities rating assesses the impact of the declared terrorist act on the ability of a victim to take part in any activities of the victim’s choosing. A recreational rating is based on the victim’s normal recreational and community activities and measures the limitation placed by the impact of the terrorist act on the victim’s ability to continue those activities. The victim’s need to modify recreational pursuits or to seek alternatives is to be taken into account. The victim’s inability to take part in recreational and community activities for reasons unrelated to the terrorist act is not to be taken into account.\n\nNil—Able to undertake the full range of usual recreational pursuits and community activities.\n\n \n\nOne—Intermittent interference with recreational pursuits and community activities. Between episodes is able to continue with the range of accustomed recreational pursuits and community activities.\n\n \n\nTwo—Mild but constant interference with accustomed recreational pursuits and community activities, but is able to continue with them, even if less frequently, or to enjoy alternatives.\n\n \n\nThree—Unable to continue some accustomed recreational pursuits and community activities, for example:\n\n- competition sporting activities (eg golf, tennis, bowls) but is still able to enjoy most other activities (eg camping, hobbies, going visiting, watching sport)\n- unable to perform some community or voluntary activities involving physical activity (eg working bees) but is still able to participate in most other activities including welfare work, fund raising work etc.\n\n\n \n\nFour—Unable to take part in previously favoured recreational pursuits, leisure and community activities, but less physical activities are possible, for example:\n\n- restricted to generally non‑active interests(eg music, art, stamp or coin collecting, attending clubs)\n- unable to participate in accustomed activities (eg camping, going for long walks, fishing, voluntary activities such as meals on wheels).\n\n\n \n\nFive—Greater reduction in the number and kind of recreational activities which can be undertaken. Some assistance is needed to undertake those which are still possible, for example:\n\n- can only visit or go out if taken to and from destination\n- finds doing a hobby or relaxing (eg stamp collecting, art and crafts, playing or listening to music, playing cards) difficult to enjoy due to pain, suffering, or loss of dexterity.\n\n\n \n\nSix—Able to engage in only a very few satisfying recreational activities. Restricted to a few passive activities such as watching television, listening to radio, reading or receiving visitors.\n\n \n\nSeven—Unable to take part in any recreational activities.\n\nDOMESTIC ACTIVITIES\n\n \n\nThe domestic activity rating assesses the impact of the declared overseas terrorist act on the victim’s ability to sustain effective routines in a domestic environment. Only the impact of the terrorist act on the victim’s ability to engage in domestic activity is to be taken into account. The victim’s inability to do domestic work for some other reason (eg choice, habit, inexperience, lack of skill) is not to be taken into account.\n\nNil—Able to sustain any usual activities.\n\n \n\nOne—Intermittent effects of accepted disablement on usual activity.\n\n \n\nTwo—Able to carry out accustomed tasks, but has difficulty with some heavier tasks, for example:\n\n- has difficulty with heavy gardening activities such as digging, pruning trees.\n\n\n \n\nThree—Unable to perform heavy activities, but able to carry out lighter household tasks, taking breaks during sustained activity, for example:\n\n- mowing the lawn\n- washing the car\n- performing light maintenance or gardening activities if working at own pace, taking breaks as necessary.\n\n\n \n\nFour—Unable to carry out a full range of normal household activities, particularly some moderate tasks which require exertion. Needs assistance with some activities, for example:\n\n- vacuuming carpets, cleaning floors, or mowing lawns\n- home repairs and maintenance.\n\n\n \n\nFive—Limitation of household activity to a small range of light tasks, for example:\n\n- watering the garden but has difficulty in weeding or pruning\n- able to do some light household activities but has difficulty bending to make beds or putting out the rubbish bin\n- requires assistance with grocery shopping.\n\n\n \n\nSix—Able to carry out only very limited domestic activities, usually a restricted range of indoor activities. May require supervision in carrying out such activities, for example:\n\n- able to do very light tidying or dusting but unable to cook or prepare meals\n- has difficulty standing to set table or wash dishes.\n\n\n \n\nSeven—Total dependency upon others for domestic tasks.\n\nPart 2—Assessing impact on employment activities\n\n \n\nAn employment rating is based on the effects of the impact of the declared overseas terrorist act on the ability to work for remuneration. The employment activities rating assesses changes in a victim’s ability to work after the terrorist act from the victim’s ability to work before the terrorist act. It should take into account any necessary changes or modifications to employment or the workplace.\n\nNil—Able to engage in usual employment.\n\n \n\nOne—Able to carry out usual employment that is affected intermittently.\n\n \n\nTwo—Able to follow accustomed employment but difficulty is experienced in carrying out full range of occupational activities.\n\n \n\nThree—Unable to follow accustomed employment without modification to workplace, provision of aids or restructuring of tasks.\n\n \n\nFour—Either unable to work full time in normal occupation, or has had to change occupation or number of hours worked, or both, because of the accepted conditions.\n\n \n\nFive—Unable to work.\n\nSchedule 3—AVTOP—Assessing impact of terrorist act on primary victim under 16 years\n\nNote: See section 13.\n\n\n\nThe questions in this Schedule must be used to rate the impact of a terrorist act on the life of a primary victim who is under 16 years and, in particular, to rate how the child’s behaviour and functioning have changed since the terrorist act. The rating for a question is the number stated for the corresponding answer to the question. Questions 1 to 8 must be answered. Questions 9 to 12 are only to be answered in the circumstances mentioned in the question.\n\n \n\nSleeping habits\n\n \n\n| Question 1: Has the child’s ability to get to sleep at night changed or has the child exhibited disrupted sleeping patterns since the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, very rarely has more difficulty getting to sleep or disrupted sleeping patterns\n\n \n\nTwo—Yes, occasionally has more difficulty getting to sleep or disrupted sleeping patterns\n\n \n\nThree—Yes, frequently has difficulty getting to sleep or disrupted sleeping patterns\n\n \n\nFunctional skills\n\n \n\n| Question 2: Has the child’s ability to speak or communicate in a manner appropriate to the child’s age been affected by the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, communication has been slightly affected\n\n \n\nTwo—Yes, communication has been moderately affected\n\n \n\nThree—Yes, communication has been significantly affected\n\n \n\n| Question 3: Have the child’s eating habits been affected by the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, eating habits have been slightly affected\n\n \n\nTwo—Yes, eating habits have been moderately affected\n\n \n\nThree—Yes, eating habits have been significantly affected\n\n \n\n| Question 4: Has the child’s ability to go to the toilet independently or the child’s progress in toilet training been affected by the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, toilet habits have been slightly affected\n\n \n\nTwo—Yes, toilet habits have been moderately affected\n\n \n\nThree—Yes, toilet habits have been significantly affected\n\n \n\n| Question 5: Has the child’s ability to walk or move about been affected by the terrorist act? |\n| --- |\n\n\nNil—No\n\n \n\nOne—Yes, mobility has been slightly affected\n\n \n\nTwo—Yes, mobility has been moderately affected\n\n \n\nThree—Yes, mobility has been significantly affected\n\n \n\nConcerning or Unusual Behaviours\n\n \n\n| Question 6: Has the child exhibited an increase in concerning behaviours since the terrorist act that the child did not exhibit before? |\n| --- |\n\n\nExamples: Physical aggressiveness, shouting, screaming, crying, hysteria, self harming behaviour, repetitive or obsessive behaviour, hearing voices, seeing things that are not there, running away from home or school.\n\n \n\nNil—No\n\n \n\nOne—Yes, concerning or unusual behaviours are very rarely exhibited or mildly worrying\n\n \n\nTwo—Yes, concerning or unusual behaviours are occasionally exhibited or moderately worrying\n\n \n\nThree—Yes, concerning or unusual behaviours are frequently exhibited or extremely worrying\n\n \n\n| Question 7: Has the child exhibited any increased anxiety, fear or depression since the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, anxiety, fear or depression is very rarely exhibited\n\n \n\nTwo—Yes, anxiety, fear or depression is occasionally exhibited\n\n \n\nThree—Yes, anxiety, fear or depression is frequently exhibited\n\n \n\n \n\nSpecial needs\n\n \n\n| Question 8: Does the child require additional visits to a health professional, special medical equipment or medication that the child did not require before the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, need for visits to a health professional, special medical equipment or medication has been slightly increased\n\n \n\nTwo—Yes, need for visits to a health professional, special medical equipment or medication has moderately increased\n\n \n\nThree—Yes, need for visits to a health professional, special medical equipment or medication has been significantly increased\n\n \n\nHygiene and grooming skills\n\nThis question is only to be answered if the child groomed, dressed or bathed independently before the terrorist act.\n\n \n\n| Question 9: Has the child’s ability to groom, dress or bathe independently in his or her usual manner been affected by the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, grooming or bathing has been slightly affected\n\n \n\nTwo—Yes, grooming or bathing has been moderately affected\n\n \n\nThree—Yes, grooming or bathing has been significantly affected\n\n \n\nSocial and community skills\n\nThese questions are only to be answered if the child demonstrated social and community skills appropriate to the child’s age before the terrorist act. They do not need to be answered if the child was too young to demonstrate the skills or if a disability prevented the child from demonstrating the skills before the terrorist act.\n\n \n\n| Question 10: Has the child’s ability to learn or concentrate been affected by the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, learning or concentration has been slightly affected\n\n \n\nTwo—Yes, learning or concentration has been moderately affected\n\n \n\nThree—Yes, learning or concentration has been significantly affected\n\n \n\n| Question 11: Has the child’s ability to socialise with his or her peers or relate to others been affected by the terrorist act? |\n| --- |\n\n\n \n\nNil—No\n\n \n\nOne—Yes, socialising has been slightly affected\n\n \n\nTwo—Yes, socialising has been moderately affected\n\n \n\nThree—Yes, socialising has been significantly affected\n\n \n\n| Question 12: Has the child’s ability to participate or enjoy a particular activity or interest that the child previously enjoyed or participated in been affected by the terrorist act? |\n| --- |\n\n\n \n\n Nil—No\n\n \n\nOne—Yes, enjoyment or participation has been slightly affected\n\n \n\nTwo—Yes, enjoyment or participation has been moderately affected\n\n \n\nThree—Yes, enjoyment or participation has been significantly affected\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument implements assessment and payment mechanics under the Social Security Act rather than altering the Act’s statutory reach (see section 3 and purpose at section 5). It sets who pays (Commonwealth via Department administration) and who decides amount and reductions (the Secretary: section 7 for primary victims; section 16 for secondary victims). Mechanically it confines payments to a $75,000 cap, requires offsets for foreign assistance and prior AVTOPs (sections 6, 7(d), 16(1)–(2), 16(1)(c)), and creates behavioural incentives by reducing payments where the victim or deceased ignored travel advice or acted recklessly (sections 14–15, 18–19). Compliance and evidentiary burden falls on claimants to substantiate injuries, impacts and any foreign assistance; administrative discretion (eg section 9(3), sections 15(3)(b) and 19(3)(b)) creates case‑by‑case variability in outcomes."},"complexity_factors":["Extensive, itemised Schedule of injuries with many specific dollar amounts and a catch‑all category (Schedule 1; section 9).","Two‑stage valuation: fixed injury amounts plus separate impact assessment converted by numeric tables and formulas for adults and children (Division 2.2; Division 2.3 section 12; Division 2.4 section 13; Schedule 2; Schedule 3).","Overall monetary cap and offsets: individual cap of $75,000 and mandatory deductions for financial assistance from foreign governments and prior AVTOPs (section 6; section 7(d); section 16(1)–(2); section 16(1)(d)).","Aggregation rules for multiple injuries using tiered multipliers (100% for most serious, 30% for second, 15% for third) and a prohibition on considering further injuries (section 10).","Secretary discretion to set amounts for unspecified injuries and to exercise exceptions to mandated reductions (section 9(3); section 15(3)(b); section 19(3)(b)).","Conduct‑based reduction regime tied to travel advice and recklessness with a highest‑percentage rule and express exemptions (sections 14–15; sections 18–19).","Apportionment algorithm among secondary victims with ranked priorities (partner, children, parents, siblings) plus discretionary redistribution of amounts reduced under certain rules (section 20; section 16(1)(c)).","Multiple cross‑references to the Social Security Act for key definitions (eg primary/secondary victim, declared overseas terrorist act), increasing legal interdependence (section 4).","Numerical conversion tables and formulas (including sum‑and‑ratio calculations) require administrative computation and clinical assessment input (Schedule 2 Parts 1–2; Schedule 3)."],"plain_english_summary":"This instrument sets the rules for calculating Australian Victim of Terrorism Overseas Payments (AVTOP). It prescribes fixed dollar amounts for listed injuries, separate impact ratings for adults and children, a $75,000 cap per person, offsets for foreign assistance and rules for reducing payments in certain travel‑advice or recklessness cases (see sections 7, 9, 12–15, 16–20). \n\nIt affects Australians injured in, or close family members of Australians killed by, a declared overseas terrorist act and matters because it determines who is paid, how much, and what conduct or other assistance alters payments."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":3035},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument establishes the original detailed framework for determining AVTOP amounts under the Social Security Act 1991. It represents the initial implementation of the scheme rather than an expansion beyond original legislative intent."},"complexity_factors":["Schedule 1 contains 296 enumerated injury types with assigned dollar values ranging from $2,000 to $75,000","Mathematical formulas for aggregating multiple injuries (100% + 30% + 15%) and combining impact ratings subject to a $75,000 cap","Divergent assessment methodologies based on victim age: Schedule 2 (adults 16+) uses 5 distinct rating scales (0-7 and 0-5) while Schedule 3 (children under 16) uses 8-12 behavioural questions (0-3 scale)","Tiered reduction system (10%/15%/20%/50%) with nested exceptions for children under 16, humanitarian travel, and official business","Apportionment hierarchy for secondary victims with 5 distinct claimant scenarios and priority rules among partners, children, parents, and siblings","Extensive cross-referencing between Parts, Divisions, and three separate Schedules"],"plain_english_summary":"This instrument establishes the Australian Victim of Terrorism Overseas Payment (AVTOP): a one‑off financial assistance payment (capped at $75,000 per person or shared for a deceased’s family) for Australians directly injured by, or close family members of Australians killed in, declared terrorist acts overseas. Payments are based on an injury schedule plus assessment of functional impact, with reductions where victims acted recklessly or ignored travel warnings, and protections for children, humanitarian workers, and official personnel.\n\nIt creates a transparent, rule‑based process for aid after overseas terrorist incidents."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-australian-victim-of-terrorism-overseas-payment-principle-2013","history":"/api/acts/social-security-australian-victim-of-terrorism-overseas-payment-principle-2013/history","analysis":"/api/acts/social-security-australian-victim-of-terrorism-overseas-payment-principle-2013/analysis","conflicts":"/api/acts/social-security-australian-victim-of-terrorism-overseas-payment-principle-2013/conflicts","importantCases":"/api/acts/social-security-australian-victim-of-terrorism-overseas-payment-principle-2013/important-cases","documents":"/api/acts/social-security-australian-victim-of-terrorism-overseas-payment-principle-2013/documents"}}