Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013
I, Mark Dreyfus QC, Attorney‑General, make the following principle under the Social Security Act 1991.
Dated: 6 June 2013
Mark Dreyfus QC
Attorney‑General
Contents
Part 1—Preliminary
1 Name of principle
2 Commencement
3 Authority
4 Definitions
5 Purpose
6 Simplified outline
Part 2—Principles relating to primary victims
Division 2.1—General approach to determining AVTOP for primary victims
7 Determining amount of AVTOP
8 Factors not to be taken into account
Division 2.2—Nature of primary victim’s injury
9 Schedule of injuries
10 Multiple injuries
11 Burns and scarring
Division 2.3—Impact of terrorist act on primary victim 16 years or older
12 Assessing impact of terrorist act
Division 2.4—Impact of terrorist act on primary victim under 16 years
13 Assessing impact of terrorist act
Division 2.5—Circumstances in which primary victim’s injury incurred
14 Circumstances that must be taken into account
15 Reduction of AVTOP
Part 3—Principles relating to secondary victims
Division 3.1—General approach to determining AVTOP for secondary victims
16 Determining amount of AVTOP
17 Factor not to be taken into account
Division 3.2—Circumstances in which death occurred
18 Circumstances that must be taken into account
19 Reduction of AVTOP
Division 3.3—Apportioning AVTOP where more than one secondary victim has claimed
20 Apportioning payments among secondary victims
Schedule 1—AVTOP Schedule of Injuries
Schedule 2—AVTOP—Assessing impact of terrorist act on primary victim 16 years or older
Part 1—Assessing impact on personal relationships, mobility, recreational and community activities and domestic activities
Section 1 - Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013 - Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013 | Zoe
PERSONAL RELATIONSHIPS
MOBILITY
RECREATIONAL AND COMMUNITY ACTIVITIES
DOMESTIC ACTIVITIES
Part 2—Assessing impact on employment activities
Schedule 3—AVTOP—Assessing impact of terrorist act on primary victim under 16 years
Part 1—Preliminary
1 Name of principle
This principle is the Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013.
2 Commencement
This principle commences on the day after it is registered.
3 Authority
This principle is made under the Social Security Act 1991.
4 Definitions
In this principle:
Act means the Social Security Act 1991.
AVTOP or Australian Victim of Terrorism Overseas Payment means a payment under Part 2.24AA of the Act.
close family member: see subsection 1061PAA(4) of the Act.
deceased person means a person who has died as a direct result of a declared overseas terrorist act.
declared overseas terrorist act: see subsection 23(1) of the Act.
injury means an injury mentioned in Schedule 1.
parent includes a legal guardian.
primary victim: see subsection 1061PAA(2) of the Act.
secondary victim: see subsection 1061PAA(3) of the Act.
terrorist act: see subsection 23(1) of the Act.
5 Purpose
The purpose of an AVTOP is:
(a) to provide assistance to a person who has suffered an injury as a direct result of a declared overseas terrorist act; and
(b) to provide assistance to a person who is a close family member of a deceased person.
Note: 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.
6 Simplified outline
The following is a simplified outline of this principle:
This 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.
Part 1 contains definitions and explains the purpose of providing AVTOP assistance.
Part 2 contains the principles for determining an AVTOP for a primary victim, including principles requiring consideration of:
(a) the nature of the victim’s injury (Division 2.2 and Schedule 1); and
(b) the impact of the terrorist act on the victim’s life, assessed differently depending on the age of the victim:
Division 2.3 and Schedule 2 apply where the victim is 16 years or older; and
Division 2.4 and Schedule 3 apply where the victim is under 16 years; and
(c) any reductions that must be applied because of:
other financial assistance received by the victim from a foreign country for the injury (section 7); or
the circumstances in which the injury was incurred (Division 2.5).
Part 3 contains the principles for determining an AVTOP for a secondary victim, including principles requiring consideration of:
(a) any reduction that must be applied because of:
other financial assistance received from a foreign country in relation to the terrorist act (section 16); or
an AVTOP made to the deceased person as a primary victim (section 16); or
the circumstances in which the death occurred (Division 3.2); and
(b) the number of other secondary victims claiming an AVTOP in relation to the deceased person (Division 3.3); and
(c) the relationship between the secondary victim and the deceased person (Division 3.3).
Part 2—Principles relating to primary victims
Division 2.1—General approach to determining AVTOP for primary victims
7 Determining amount of AVTOP
When determining the amount of an AVTOP for a primary victim of a declared overseas terrorist act, the Secretary must do the following:
(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;
(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);
(c) if paragraph (b) applies—add together the amounts determined under paragraphs (a) and (b), disregarding any amount over $75,000;
(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);
Note: Further details of foreign financial assistance in relation to the terrorist act may be found on the following website: (www.disasterassist.gov.au).
(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;
(f) subtract any amount determined under paragraph (e) from:
(i) if paragraph (d) applies—the amount worked out under paragraph (d); or
(ii) if paragraph (d) does not apply and paragraph (b) applies—the amount determined under paragraph (c); or
(iii) in any other case—the amount determined under paragraph (a).
8 Factors not to be taken into account
(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.
(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.
Division 2.2—Nature of primary victim’s injury
9 Schedule of injuries
(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.
(2) An injury mentioned in an item in Schedule 1 qualifies for the amount of AVTOP mentioned in the item.
(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.
10 Multiple injuries
(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:
(a) the amount worked out in accordance with Schedule 1 for the victim’s most serious injury;
(b) 30% of the amount worked out in accordance with Schedule 1 for the victim’s second most serious injury;
(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.
(2) For subsection (1):
(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
(b) the victim’s second most serious injury is:
(i) if there is another injury that qualifies for the same amount as the first amount—that injury; or
(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
(c) the victim’s third most serious injury is:
(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
(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
(iii) the injury, or one of the injuries, that qualifies for the third highest amount out of all the victim’s injuries.
(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.
11 Burns and scarring
(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.
(2) An amount of AVTOP is only payable for scarring if the scarring is permanent.
Division 2.3—Impact of terrorist act on primary victim 16 years or older
12 Assessing impact of terrorist act
(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.
(2) If the amount of AVTOP for the primary victim worked out in accordance with Division 2.2 is less than $75,000, the Secretary must also determine the amount of AVTOP for the impact of the terrorist act on the victim’s life in accordance with this Division.
(3) Part 1 of Schedule 2 is to be used to rate the impact of the terrorist act on a scale of nil to 7 on each of the following:
(a) the victim’s personal relationships;
(b) the victim’s mobility;
(c) the victim’s recreational and community activities;
(d) the victim’s domestic activities.
(4) Part 2 of Schedule 2 is to be used to rate the impact of the terrorist act on a scale of nil to 5 on the victim’s employment activities.
(5) Each rating worked out under subsections (3) and (4) is to be converted into an amount using the following table:
Assessing impact of terrorist act
Rating Amount ($)
Personal relationships, mobility, recreational and community activities, and domestic activities
0 Nil
1 15,000
2 25,000
3 35,000
4 45,000
5 55,000
6 65,000
7 75,000
Employment activities
0 Nil
1 15,000
2 30,000
3 50,000
4 60,000
5 75,000
(6) The amount of AVTOP payable under this Division is to be worked out in accordance with the following formula:
X is the total of all the amounts derived under subsection (5).
Division 2.4—Impact of terrorist act on primary victim under 16 years
13 Assessing impact of terrorist act
(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.
(2) If the amount of AVTOP for the primary victim worked out in accordance with Division 2.2 is less than $75,000, the Secretary must also determine the amount of AVTOP for the impact of the terrorist act on the victim’s life in accordance with this Division.
(3) The answers to the questions in Schedule 3 are to be used to rate the impact of the terrorist act on the victim’s life on a scale of nil to 3.
(4) The rating worked out under subsection (3) for each question answered, is to be converted into an amount using the following table:
Assessing impact of terrorist act
Rating
Amount ($)
0
Nil
1
25,000
2
50,000
3
75,000
(5) The amount of AVTOP payable under this Division is to be worked out in accordance with the following formula:
X is the total of all the amounts derived under subsection (4).
Division 2.5—Circumstances in which primary victim’s injury incurred
14 Circumstances that must be taken into account
(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:
(a) whether the victim failed to take reasonable steps to avoid harm or acted recklessly when the terrorist act occurred;
(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;
(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;
(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.
(2) This section does not apply if the primary victim was a child under 16 years at the time of the terrorist act.
15 Reduction of AVTOP
(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:
Reduction of AVTOP
Item Circumstance Reduction (%)
1 Paragraph 14(1)(a) (failure to take reasonable steps) 10
2 Paragraph 14(1)(b) (reconsider need to travel warning) 15
3 Paragraph 14(1)(c) (do not travel warning) 20
4 Paragraph 14(1)(d) (official direction) 50
(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.
Example: 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.
(3) However, the Secretary must not reduce the amount of an AVTOP under this section if:
(a) the primary victim was in the place where the terrorist act occurred:
(i) for a humanitarian purpose; or
(ii) on official business for the government of the Commonwealth, a State or Territory; or
Examples: Visiting a dying relative, travel to make a kidney donation, emergency relief work following a natural disaster.
(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.
Part 3—Principles relating to secondary victims
Division 3.1—General approach to determining AVTOP for secondary victims
16 Determining amount of AVTOP
(1) To determine the amount of AVTOP payable to a secondary victim, the Secretary must do the following:
(a) subtract from $75,000 any amount that is deductible under subsection (2);
(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);
(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;
(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.
(2) The deductible amounts are the following:
(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:
(i) the secondary victim; or
(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;
(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);
Note: Further details of foreign financial assistance in relation to the terrorist act may be found on the following website: (www.disasterassist.gov.au).
(c) the amount of any AVTOP received by the deceased person as a primary victim.
17 Factor not to be taken into account
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.
Division 3.2—Circumstances in which death occurred
18 Circumstances that must be taken into account
(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:
(a) whether the deceased person failed to take reasonable steps to avoid harm or acted recklessly when the terrorist act occurred;
(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;
(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;
(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.
(2) This section does not apply if the deceased person was a child under 16 years at the time of the terrorist act.
19 Reduction of AVTOP
(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:
Reduction of AVTOP
Item Circumstance Reduction (%)
1 Paragraph 18(1)(a)(failure to take reasonable steps) 10
2 Paragraph 18(1)(b)(reconsider need to travel warning) 15
3 Paragraph 18(1)(c)(do not travel warning) 20
4 Paragraph 18(1)(d)(official direction) 50
(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.
Example: 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.
(3) However, the Secretary must not reduce the amount of an AVTOP under this section if:
(a) the deceased person was in the place where the terrorist act occurred:
(i) for a humanitarian purpose; or
(ii) on official business for the government of the Commonwealth, a State or Territory; or
Examples: Visiting a dying relative, travel to make a kidney donation, emergency relief work following a natural disaster.
(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.
Division 3.3—Apportioning AVTOP where more than one secondary victim has claimed
20 Apportioning payments among secondary victims
(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:
Apportioning payments among secondary victims
Item Where the secondary victim claimants are: The portion of total AVTOP payable is:
1 A partner, and no child has made a claim Partner: 100%
2 A partner, and a child or children Partner: 50%Child or children: 50%, shared equally among the children if more than 1 child
3 A child or children, and no partner has made a claim 100%, shared equally among the children if more than 1 child
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
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
(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.
(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.
Schedule 1—AVTOP Schedule of Injuries
Note: See section 9.
AVTOP Schedule of Injuries
Item Injury Amount ($)
Brain damage
1 Brain damage: moderate impairment of social or intellectual functions 60,000
2 Brain damage: serious impairment of social or intellectual functions 75,000
3 Brain damage: permanent—extremely serious (no effective control of functions) 75,000
Psychological or psychiatric disorder
4 Psychological or psychiatric disorder category 1 (recognisable disorder that is moderately disabling and chronic) 30,000
5 Psychological or psychiatric disorder category 2 (recognisable disorder that is severely disabling and chronic) 75,000
Burns
6 Burns: multiple third degree burns covering at least 25% of body 75,000
Disease or other recognised medical illness causing disability (not being a disease or illness of the mind)
7 Disability lasting 6 to 13 weeks 4,000
8 Disability lasting 14 to 28 weeks 16,000
9 Disability lasting over 28 weeks (but not permanent) 30,000
10 Disability (permanent) 75,000
11 Epilepsy—fully controlled 30,000
12 Epilepsy—partially controlled 50,000
13 Epilepsy—uncontrolled 75,000
14 Cancer 75,000
15 Tumour—cancerous 75,000
Head
16 Ear: fractured mastoid 4,000
17 Ear: partial loss of ear(s) 16,000
18 Ear: loss of 1 ear 40,000
19 Ear: loss of both ears 70,000
20 Ear: partial deafness of 1 ear—remaining hearing socially useful with hearing aid if necessary 15,000
21 Ear: partial deafness of both ears—remaining hearing socially useful with hearing aid if necessary 30,000
22 Ear: perforated ear drum 6,000
23 Ear: total deafness of 1 ear 60,000
24 Ear: total deafness of both ears 75,000
25 Ear: temporary partial deafness—lasting 6 to 13 weeks 4,000
26 Ear: temporary partial deafness—lasting more than 13 weeks 6,000
27 Ear: tinnitus (ringing noise in ears)—lasting 6 to 13 weeks 4,000
28 Ear: tinnitus—lasting more than 13 weeks 12,000
29 Ear: tinnitus—permanent (moderate) 30,000
30 Ear: tinnitus—permanent (very serious) 60,000
31 Eye: blow out fracture of orbit bone cavity containing eyeball 12,000
32 Eye: blurred or double vision—lasting 6 to 13 weeks 4,000
33 Eye: blurred or double vision—lasting more than 13 weeks 6,000
98 Teeth: loss of 1 tooth other than front tooth 4,000
99 Teeth: loss of 2 or more teeth other than front tooth 6,000
100 Teeth: loss of 1 front tooth 6,000
101 Teeth: loss of 2 or 3 front teeth 8,000
102 Teeth: loss of 4 or more front teeth 12,000
103 Teeth: slackening of teeth requiring dental treatment 4,000
104 Tongue: impaired speech—slight 8,000
105 Tongue: impaired speech—moderate 20,000
106 Tongue: impaired speech—serious 40,000
107 Tongue: impaired speech—severe 70,000
108 Tongue: loss of speech—permanent 75,000
109 Tongue: loss of tongue 75,000
Neck
110 Neck burns: minor 6,000
111 Neck burns: moderate 16,000
112 Neck burns: severe 40,000
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
114 Neck: strained—disabling for 6 to 13 weeks 4,000
115 Neck: strained—disabling for more than 13 weeks 6,000
280 Tarsal bones: fracture of both feet (full recovery) 20,000
281 Tarsal bones: fracture of both feet (with continuing disability) 60,000
282 Tendons or ligaments: minor damage (full recovery) 4,000
283 Tendons or ligaments: minor damage (with continuing disability) 12,000
284 Tendons or ligaments: moderate damage (full recovery) 8,000
285 Tendons or ligaments: moderate damage (with continuing disability) 20,000
286 Tendons or ligaments: severe damage (full recovery) 6,100
287 Tendons or ligaments: severe damage (with continuing disability) 30,000
288 Tibia: fracture of shin bone (full recovery) 12,000
289 Tibia: fracture of shin bone (with continuing disability) 20,000
290 Tibia: fracture of both legs (full recovery) 30,000
291 Tibia: fracture of both legs (with continuing disability) 40,000
292 Toe: fracture of 1 big toe 10,000
293 Toe: fracture of 2 big toes 20,000
294 Toe: loss of 2 big toes 45,000
295 Toe: loss of 2 or more toes other than big toe 30,000
296 Other injury not specified elsewhere in this table The amount determined for the injury under subsection 9(3).
Schedule 2—AVTOP—Assessing impact of terrorist act on primary victim 16 years or older
Note: See section 12.
Part 1—Assessing impact on personal relationships, mobility, recreational and community activities and domestic activities
PERSONAL RELATIONSHIPS
The 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:
Nil—No or negligible effect on personal and social relationships. Relationships are satisfying, with full participation in accustomed social and personal activities.
One—Personal and social relationships are fairly satisfying. Intermittent disadvantages may inhibit, but not prevent participation in accustomed range of social and personal activities.
Two—Mildly affected personal and social relationships. Social contacts and activities are reduced, participation in the accustomed range of activities is restricted.
Three—Moderately affected personal and social relationships. Relationships usually confined to family, close friends, colleagues and neighbours. Unable to relate to casual acquaintances.
Four—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.
Five—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.
Six—Extreme difficulty in relating to anyone, for example:
difficulties in relating because of psychosis
ability to communicate is restricted due to stroke or other effect of accepted conditions.
Seven—Unable to relate to anyone. All relationships prevented.
MOBILITY
The 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.
Both 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.
Nil—No or minimal restrictions of mobility, full mobility.
One—Intermittent or periodic effects on mobility:
mobility affected only when impairment (eg sciatica, angina) is present. Between attacks there are no restrictions
if there is permanent impairment (eg night blindness) the effect is only sporadically limiting.
Two—Mild effects on mobility, eg slowing of pace in some circumstances, or need for a walking stick.
Three—Moderately reduced mobility:
mobility curtailed or diminished because of frailty, lack of confidence or moderate agoraphobia
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
dependent on a walking stick or similar device. Independent in leaving home and reaching destination but has some difficulty.
Four—Markedly reduced mobility:
assistance is needed to cope with public or private transport
there is considerable difficulty in travelling to and from a destination
restricted in the use of at least 2 forms of public transport.
Five—Major impediments to mobility:
dependent upon others, mechanical devices such as wheelchairs
there is considerable difficulty in travelling to and from a destination
restricted in the use of at least 2 forms of public transport.
Six—Severe impediments to mobility:
restricted to home and immediate vicinity, unless door to door transport and assistance from others are provided
unable to drive a car in any circumstance.
Seven—Restricted to room or chair:
severe agoraphobia permanently confines victim to home
dependent upon others, or hoists or similar appliances to get in and out of bed.
RECREATIONAL AND COMMUNITY ACTIVITIES
The 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.
Nil—Able to undertake the full range of usual recreational pursuits and community activities.
One—Intermittent interference with recreational pursuits and community activities. Between episodes is able to continue with the range of accustomed recreational pursuits and community activities.
Two—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.
Three—Unable to continue some accustomed recreational pursuits and community activities, for example:
competition sporting activities (eg golf, tennis, bowls) but is still able to enjoy most other activities (eg camping, hobbies, going visiting, watching sport)
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.
Four—Unable to take part in previously favoured recreational pursuits, leisure and community activities, but less physical activities are possible, for example:
restricted to generally non‑active interests(eg music, art, stamp or coin collecting, attending clubs)
unable to participate in accustomed activities (eg camping, going for long walks, fishing, voluntary activities such as meals on wheels).
Five—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:
can only visit or go out if taken to and from destination
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.
Six—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.
Seven—Unable to take part in any recreational activities.
DOMESTIC ACTIVITIES
The 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.
Nil—Able to sustain any usual activities.
One—Intermittent effects of accepted disablement on usual activity.
Two—Able to carry out accustomed tasks, but has difficulty with some heavier tasks, for example:
has difficulty with heavy gardening activities such as digging, pruning trees.
Three—Unable to perform heavy activities, but able to carry out lighter household tasks, taking breaks during sustained activity, for example:
mowing the lawn
washing the car
performing light maintenance or gardening activities if working at own pace, taking breaks as necessary.
Four—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:
vacuuming carpets, cleaning floors, or mowing lawns
home repairs and maintenance.
Five—Limitation of household activity to a small range of light tasks, for example:
watering the garden but has difficulty in weeding or pruning
able to do some light household activities but has difficulty bending to make beds or putting out the rubbish bin
requires assistance with grocery shopping.
Six—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:
able to do very light tidying or dusting but unable to cook or prepare meals
has difficulty standing to set table or wash dishes.
Seven—Total dependency upon others for domestic tasks.
Part 2—Assessing impact on employment activities
An 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.
Nil—Able to engage in usual employment.
One—Able to carry out usual employment that is affected intermittently.
Two—Able to follow accustomed employment but difficulty is experienced in carrying out full range of occupational activities.
Three—Unable to follow accustomed employment without modification to workplace, provision of aids or restructuring of tasks.
Four—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.
Five—Unable to work.
Schedule 3—AVTOP—Assessing impact of terrorist act on primary victim under 16 years
Note: See section 13.
The 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.
Sleeping habits
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?
Nil—No
One—Yes, very rarely has more difficulty getting to sleep or disrupted sleeping patterns
Two—Yes, occasionally has more difficulty getting to sleep or disrupted sleeping patterns
Three—Yes, frequently has difficulty getting to sleep or disrupted sleeping patterns
Functional skills
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?
Nil—No
One—Yes, communication has been slightly affected
Two—Yes, communication has been moderately affected
Three—Yes, communication has been significantly affected
Question 3: Have the child’s eating habits been affected by the terrorist act?
Nil—No
One—Yes, eating habits have been slightly affected
Two—Yes, eating habits have been moderately affected
Three—Yes, eating habits have been significantly affected
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?
Nil—No
One—Yes, toilet habits have been slightly affected
Two—Yes, toilet habits have been moderately affected
Three—Yes, toilet habits have been significantly affected
Question 5: Has the child’s ability to walk or move about been affected by the terrorist act?
Nil—No
One—Yes, mobility has been slightly affected
Two—Yes, mobility has been moderately affected
Three—Yes, mobility has been significantly affected
Concerning or Unusual Behaviours
Question 6: Has the child exhibited an increase in concerning behaviours since the terrorist act that the child did not exhibit before?
Examples: 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.
Nil—No
One—Yes, concerning or unusual behaviours are very rarely exhibited or mildly worrying
Two—Yes, concerning or unusual behaviours are occasionally exhibited or moderately worrying
Three—Yes, concerning or unusual behaviours are frequently exhibited or extremely worrying
Question 7: Has the child exhibited any increased anxiety, fear or depression since the terrorist act?
Nil—No
One—Yes, anxiety, fear or depression is very rarely exhibited
Two—Yes, anxiety, fear or depression is occasionally exhibited
Three—Yes, anxiety, fear or depression is frequently exhibited
Special needs
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?
Nil—No
One—Yes, need for visits to a health professional, special medical equipment or medication has been slightly increased
Two—Yes, need for visits to a health professional, special medical equipment or medication has moderately increased
Three—Yes, need for visits to a health professional, special medical equipment or medication has been significantly increased
Hygiene and grooming skills
This question is only to be answered if the child groomed, dressed or bathed independently before the terrorist act.
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?
Nil—No
One—Yes, grooming or bathing has been slightly affected
Two—Yes, grooming or bathing has been moderately affected
Three—Yes, grooming or bathing has been significantly affected
Social and community skills
These 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.
Question 10: Has the child’s ability to learn or concentrate been affected by the terrorist act?
Nil—No
One—Yes, learning or concentration has been slightly affected
Two—Yes, learning or concentration has been moderately affected
Three—Yes, learning or concentration has been significantly affected
Question 11: Has the child’s ability to socialise with his or her peers or relate to others been affected by the terrorist act?
Nil—No
One—Yes, socialising has been slightly affected
Two—Yes, socialising has been moderately affected
Three—Yes, socialising has been significantly affected
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?
Nil—No
One—Yes, enjoyment or participation has been slightly affected
Two—Yes, enjoyment or participation has been moderately affected
Three—Yes, enjoyment or participation has been significantly affected