Social Security (Australian Victim of Terrorism Overseas Payment Principles) Determination (LIN 23/059) 2023

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 Commonwealth Coat of Arms of Australia

 

Social Security (Australian Victim of Terrorism Overseas Payment Principles) Determination (LIN 23/059) 2023

I, Clare O’Neil, Minister for Home Affairs, make the following determination.

Dated  21 September 2023

 

The Hon. Clare O’Neil MP

Minister for Home Affairs

Minister for Cyber Security

 

Contents

Part 1 Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Repeals

6  Schedules

Part 2 Principles relating to primary victims

Division 2.1 General approach to determining AVTOP for primary victims

7  Determining amount of AVTOP

Division 2.2 Nature of primary victim’s injury

8  AVTOP payable for nature of the injury

9  AVTOP payable for multiple injuries

Division 2.3 Primary victim at least 16 years

10  Application of this Division

11  Assessing effects of terrorist act on primary victim at least 16 years

12  Assessing the circumstances in which injury incurred to primary victim at least 16 years

Division 2.4 Primary victim under 16 years

13  Application of this Division

14  Assessing effects of terrorist act on primary victim under 16 years

Part 3 Principles for secondary victims

15  Determining amount of AVTOP if death occurred

16  Assessing the circumstances in which primary victim of at least 16 years died

17  Apportioning payments among secondary victims

Schedule 1—Injuries

Schedule 2—Effects calculator—at least 16 years

1  Personal relationships

2  Mobility

3  Recreational and community activities

4  Domestic activities

5  Employment activities

Schedule 3—Effects calculator—under 16 years

1  Sleeping habits

2  Communication skills

3  Eating habits

4  Toilet habits

5  Mobility

6  Concerning or unusual behaviours

7  Anxiety, fear or depression

8  Further medical requirements

9  Hygiene and grooming skills

10  Learning or concentration

11  Social skills

12  Enjoyment or participation

Part 1 Preliminary

1  Name

 (1) This instrument is the Social Security (Australian Victim of Terrorism Overseas Payment Principles) Determination (LIN 23/059) 2023.

 (2) This instrument may also be cited as the AVTOP Principles 2023.

2  Commencement

  This instrument commences on the day after it is registered on the Federal Register of Legislation.

3  Authority

  This instrument is made under subsection 1061PAF(1) of the Social Security Act 1991.

4  Definitions

Note: A number of expressions used in this instrument are defined in subsection 23(1) of the Act, including the following:

(a) AVTOP or Australian Victim of Terrorism Overseas Payment;

(b) child;

(c) declared overseas terrorist act;

(d) parent;

(e) partner;

(f) primary victim;

(g) principal carer;

(h) secondary victim;

(i) Secretary;

(j) terrorist act.

  In this instrument:

Act means the Social Security Act 1991.

deceased person means a person who died as a direct result of a declared overseas terrorist act.

injury means an injury mentioned in Schedule 1 to this instrument.

5  Repeals

  Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2013 (F2013L00946) is repealed.

6  Schedules

  Each item in a Schedule to this instrument has effect according to its terms.

Part 2 Principles relating to primary victims

Division 2.1 General approach to determining AVTOP for primary victims

7  Determining amount of AVTOP

 (1) The Secretary must determine the total amount of an AVTOP payable to a primary victim of a declared overseas terrorist act who was at least 16 years at the time of the terrorist act using the following calculator.

PRIMARY VICTIM TOTAL AMOUNT CALCULATOR—AT LEAST 16 YEARS

Step 1. Work out the amount in accordance with Division 2.2 by considering the nature of any injuries suffered by the primary victim as a direct result of the terrorist act, disregarding any amount over $75 000.00.

 Note 1 In making the consideration, the Secretary must disregard the extent to which any injuries, or the effects of any injuries, may be reduced or limited by an external removable aid or appliance.

Step 2. If the amount is less than $75 000.00, work out the amount in accordance with section 11 by considering the effects of the terrorist act on the primary victim’s life.

 Note 2 In making the consideration, the Secretary must disregard the extent to which any injuries, or the effects of any injuries, may be reduced or limited by an external removable aid or appliance.

Step 3. Add up the amounts from Steps 1 and 2, disregarding any amount over $75 000.00.

Step 4. Work out the amount of any financial assistance the primary victim has received from a foreign country for any injuries arising from the terrorist act.

 Note 3 The amount must not include financial assistance for economic loss resulting from any injuries.

 Note 4 For any amount of financial assistance received in foreign currency, the exchange rate used for converting the foreign currency to the equivalent Australian Dollar amount is the rate on the date when the payment was received by the primary victim from the foreign country.

Step 5. Deduct the amount from Step 4 from the result of Step 3.

 Note 5 The Secretary must not take into account any expenses incurred by the primary victim as a result of the terrorist act.

Step 6. Work out the amount of reduction in accordance with section 12 by considering any circumstances in which any injuries happened.

Step 7. Deduct the amount from Step 6 from the result of Step 5.

 (2) The Secretary must determine the total amount of an AVTOP payable to a primary victim of a declared overseas terrorist act who was under 16 years at the time of the terrorist act using following calculator.

PRIMARY VICTIM TOTAL AMOUNT CALCULATOR—UNDER 16 YEARS

Step 1. Work out the amount in accordance with Division 2.2 by considering the nature of any injuries suffered by the primary victim as a direct result of the terrorist act, disregarding any amount over $75 000.00.

 Note 1 In making the consideration, the Secretary must disregard the extent to which any injuries, or the effects of any injuries, may be reduced or limited by an external removable aid or appliance.

Step 2. If the amount is less than $75 000.00, work out the amount in accordance with section 11 by considering the effects of the terrorist act on the primary victim’s life.

 Note 2 In their consideration, the Secretary must disregard the extent to which any injuries, or the effects of any injuries, may be reduced or limited by an external removable aid or appliance.

Step 3. Add up the amounts from Steps 1 and 2, disregarding any amount over $75 000.00.

Step 4. Work out the amount of any financial assistance the primary victim has received from a foreign country for any injuries arising from the terrorist act.

 Note 3 The amount must not include financial assistance for economic loss resulting from any injuries.

 Note 4 For any amount of financial assistance received in foreign currency, the exchange rate used for converting the foreign currency to the equivalent Australian Dollar amount is the rate on the date when the payment was received by the primary victim from the foreign country.

Step 5. Deduct the amount form Step 4 from the result of Step 3.

 Note 5 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

8  AVTOP payable for nature of the injury

 (1) The Secretary must work out the amount payable for the nature of an injury suffered by a primary victim of a declared overseas terrorist act in accordance with Schedule 1.

 (2) The amount payable for an injury mentioned in an item of Schedule 1 is the amount mentioned in the item.

 (3) When working out the amount payable for the nature of an injury, the Secretary must not determine an amount payable for a primary victim’s scarring that is not permanent.

9  AVTOP payable for multiple injuries

 (1) If a primary victim has suffered more than one injury as a direct result of the terrorist act, the Secretary must work out the total amount payable for the nature of multiple injuries under this Division using the following calculator.

PRIMARY VICTIM MULTIPLE INJURIES CALCULATOR

Step 1. Work out the amount payable for the nature of the most serious injury suffered in accordance with Schedule 1.

Step 2. Work out the amount payable for the nature of the second most serious injury suffered in accordance with Schedule 1.

Step 3. Multiply the amount from Step 2 by 30%.

Step 4. Work out the amount payable for the nature of the third most serious injury suffered in accordance with Schedule 1.

Step 5. Multiply the amount from Step 4 by 15%.

Step 6. Add up the amounts from Steps 1, 3 and 5.

 (2) The Secretary must not consider any further injuries resulting from the terrorist act in determining the amount of an AVTOP payable to the primary victim.

 (3) In this section:

most serious injury means any injury suffered by a primary victim of a declared overseas terrorist act that qualifies for the highest amount out of all the victim’s injuries.

second most serious injury means any injury suffered by a primary victim of a declared overseas terrorist act that:

 (a) qualifies for the second highest amount out of all the victim’s injuries; or

 (b) qualifies for the same amount as for the most serious injury.

third most serious injury means any injury suffered by a primary victim of a declared overseas terrorist act that:

 (a) qualifies for the third highest amount out of all the victim’s injuries; or

 (b) qualifies for the same amount as for the second most serious injury.

Division 2.3 Primary victim at least 16 years

10  Application of this Division

  This Division applies to a primary victim of a declared overseas terrorist act who was at least 16 years at the time of the terrorist act.

11  Assessing effects of terrorist act on primary victim at least 16 years

  If the amount worked out under Division 2.2 is less than $75 000.00, the Secretary must work out the amount payable to the primary victim for the effects of the terrorist act on the victim’s life under this Division using the following calculator.

PRIMARY VICTIM EFFECTS CALCULATOR—AT LEAST 16 YEARS

Step 1. Work out the amount payable for the effects of the terrorist act on the victim’s personal relationships in accordance with clause 1 of Schedule 2, by rating the effects on a scale of nil to 7 and converting the rating into an amount.

Step 2. Work out the amount payable for the effects of the terrorist act on the victim’s mobility in accordance with clause 2 of Schedule 2, by rating the effects on a scale of nil to 7 and converting the rating into an amount.

Step 3. Work out the amount payable for the effects of the terrorist act on the victim’s recreational and community activities in accordance with clause 3 of Schedule 2, by rating the effects on a scale of nil to 7 and converting the rating into an amount.

Step 4. Work out the amount payable for the effects of the terrorist act on the victim’s domestic activities in accordance with clause 4 of Schedule 2, by rating the effects on a scale of nil to 7 and converting the rating into an amount.

Step 5. Work out the amount payable for the effects of the terrorist act on the victim’s employment activities in accordance with clause 5 of Schedule 2, by rating the effects on a scale of nil to 7 and converting the rating into an amount.

Step 6. Add up the amounts from Steps 1, 2, 3, 4, and 5.

Step 7. Divide the result from Step 6 by 5.

12  Assessing the circumstances in which injury incurred to primary victim at least 16 years

 (1) The Secretary must determine if the amount payable to the primary victim should be reduced by assessing the circumstances in which the injury was incurred in accordance with the following calculator.

PRIMARY VICTIM REDUCTION CALCULATOR—AT LEAST 16 YEARS

Step 1. Determine if any of the circumstances mentioned in the table in subsection (2) apply to the primary victim.

Step 2. If only one circumstance applies to the primary victim, work out the amount of reduction by using the percentage mentioned in the item for the circumstance that in which the primary victim’s injury was incurred.

Step 3. If two circumstances apply to the primary victim, work out the amount of reduction by using the higher percentage mentioned in the table for a circumstance in which the primary victim’s injury was incurred.

Step 4. If more than two circumstances apply to the primary victim, work out the amount of reduction by using the highest percentage specified in column 1 of the table in subsection (2) that corresponds to the circumstances in which the primary victim’s injury was incurred.

 (2) For subsection (1), the reduction percentage of the amount payable to the primary victim is the percentage mentioned in an item of the following table for the circumstance mentioned in the item.

 (3) Subsection (1) does not apply, 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

 (b) the Secretary considers it is appropriate, in the circumstances of the particular case, not to reduce the amount payable to the primary victim.

Division 2.4 Primary victim under 16 years

13  Application of this Division

  This Division applies to a primary victim of a declared overseas terrorist act who was under 16 years at the time of the terrorist act.

14  Assessing effects of terrorist act on primary victim under 16 years

 (1) If the amount worked out under Division 2.2 is less than $75 000.00, the Secretary must work out the amount payable to a primary victim for the effects of the terrorist act on the victim’s life under this Division using the following calculator.

PRIMARY VICTIM EFFECTS CALCULATOR—UNDER 16 YEARS

Step 1. Work out the amount payable for the effects of the terrorist act on the victim’s sleeping habits in accordance with clause 1 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 2. Work out the amount payable for the effects of the terrorist act on the victim’s communication skills in accordance with clause 2 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 3. Work out the amount payable for the effects of the terrorist act on the victim’s eating habits in accordance with clause 3 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 4. Work out the amount payable for the effects of the terrorist act on the victim’s toilet habits in accordance with clause 4 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount

Step 5. Work out the amount payable for the effects of the terrorist act on the victim’s mobility in accordance with clause 5 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 6. Work out the amount payable for the effects of the terrorist act on the victim’s concerning or unusual behaviours in accordance with clause 6 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 7. Work out the amount payable for the effects of the terrorist act on the victim’s anxiety, fear or depression in accordance with clause 7 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 8. Work out the amount payable for the effects of the terrorist act on the victim’s medical requirements in accordance with clause 8 of Schedule 3, by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 9. If the victim groomed, dressed or bathed independently before the terrorist act, work out the amount payable for the effects of the terrorist act on the victim’s hygiene and grooming skills in accordance with clause 9 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 10. If the victim demonstrated learning or concentration appropriate to the victim’s age and circumstances before the terrorist act, work out the amount payable for the effects of the terrorist act on the victim’s learning or concentration in accordance with clause 10 of Schedule 3, by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 11. If the victim demonstrated social and community skills appropriate to the victim’s age and circumstances before the terrorist act, work out the amount payable for the effects of the terrorist act on the victim’s social skills in accordance with clause 11 of Schedule 3, by rating the effects on a scale of nil to 3 and converting the rating into an amount.

Step 12. If the victim demonstrated enjoyment or participation appropriate to the victim’s age and circumstances before the terrorist act, work out the amount payable for the effects of the terrorist act on the victim’s enjoyment or participation in accordance with clause 12 of Schedule 3 by rating the effects on a scale of nil to 3 and converting the rating into an amount.

 Note Step 10, 11 or 12 does not apply to a victim who was too young to demonstrate social and community skills or a victim who had a disability preventing the victim from demonstrating those skills before the terrorist act.

Step 13. Add up the amounts from Steps 1 to 12.

Step 14. Divide the result from Step 13 by the number of factors that apply to the victim.

Part 3 Principles for secondary victims

15  Determining amount of AVTOP if death occurred

 (1) If the deceased primary victim who died as a result of a declared overseas terrorist act was at least 16 years at the time of the terrorist act, the Secretary must determine the total amount of AVTOP payable to a secondary victim using the following calculator.

SECONDARY VICTIM TOTAL AMOUNT CALCULATOR—PRIMARY VICTIM AT LEAST 16 YEARS

Step 1. Work out the amount of any AVTOP that has been paid to the primary victim for the declared overseas terrorist act.

Step 2 Work out the amount of reduction in accordance with section 16 by considering any circumstances in which the death of the primary victim occurred.

Step 3. Work out the amount of any financial assistance the primary victim received from a foreign country for an injury suffered by the primary victim as a direct result of the terrorist act.

 Note 1 The amount must not include financial assistance for economic loss resulting from the injury.

 Note 2 For any amount of financial assistance received in foreign currency, the exchange rate used for converting the foreign currency to the equivalent Australian Dollar amount is the rate on the date when the payment was received by the primary victim from the foreign country.

Step 4. If only one person has made a claim as a secondary victim of the primary victim, work out the total amount of any financial assistance the secondary victim has received from a foreign country for the death of the primary victim as a direct result of the terrorist act.

 Note 3 The amount must not include financial assistance for economic loss resulting from the death.

Step 5. If more than one person has made a claim as a secondary victim of the primary victim and the claimant is entitled to a share of an AVTOP payable in accordance with section 17, work out the sum of the total amount of any financial assistance each secondary victim has received from a foreign country for the death of the primary victim as a direct result of the terrorist act.

 Note 4 The amount must not include financial assistance for economic loss resulting from the death.

Step 6. Add up the amounts from Steps 1 to 5.

Step 7. Deduct the amount from Step 6 from $75 000.00.

Step 8. If more than one person has made a claim as a secondary victim of the primary victim, work out each secondary victim’s share by apportioning the amount from Step 7 among all of the secondary victims who have made claims and who are entitled to shares in accordance with section 17.

Step 9. If a person is the secondary victim of more than 1 primary victim and an AVTOP has been paid to the person for any of those primary victims, reduce the amount from step 8 to ensure the sum of all the AVTOPs paid to the secondary victim of the terrorist act does not exceed $75 000.00.

 (2) If the primary victim of a declared overseas terrorist act was under 16 years at the time of the terrorist act, the Secretary must determine the total amount of AVTOP payable to a secondary victim using the following calculator.

SECONDARY VICTIM TOTAL AMOUNT CALCULATOR—PRIMARY VICTIM UNDER 16 YEARS

Step 1. Work out the amount of any AVTOP that has been paid to the primary victim for the declared overseas terrorist act.

Step 2. Work out the amount of any financial assistance the primary victim has received from a foreign country for an injury suffered by the primary victim as a direct result of the terrorist act.

 Note 1 The amount must not include financial assistance for economic loss resulting from the injury.

 Note 2 For any amount of financial assistance received in foreign currency, the exchange rate used for converting the foreign currency to the equivalent Australian Dollar amount is the rate on the date when the payment was received by the primary victim from the foreign country.

Step 3. If only 1 person has made a claim as a secondary victim of the primary victim, work out the total amount of any financial assistance the secondary victim has received from a foreign country for the death of the primary victim as a direct result of the terrorist act.

 Note 3 The amount must not include financial assistance for economic loss resulting from the death.

Step 4. If more than 1 person has made a claim as a secondary victim of the primary victim and the claimant person is entitled to a share of an AVTOP payable in accordance with section 17, work out the sum of the total amount of any financial assistance each secondary victim has received from a foreign country for the death of the primary victim as a direct result of the terrorist act.

 Note 4 The amount must not include financial assistance for economic loss resulting from the death.

Step 5. Add up the amounts from Steps 1 to 4.

Step 6. Deduct the amount from Step 5 from $75 000.00.

Step 7. If more than 1 person has made a claim as a secondary victim of the primary victim, work out each secondary victim’s portion by apportioning the amount from step 6 among all of the secondary victims who have made claims and who are entitled to shares in accordance with section 17.

Step 8. If a person is the secondary victim of more than 1 primary victim and an AVTOP has been paid to the person for any of those primary victims, reduce the amount from step 7 to ensure the sum of all the AVTOP paid to the person as a secondary victim of the terrorist act does not exceed $75 000.00.

 (3) In determining the amount, the Secretary must not take into account any expenses incurred by the secondary victim as a result of the terrorist act.

16  Assessing the circumstances in which primary victim of at least 16 years died

 (1) If the primary victim who died as a direct result of a declared overseas terrorist act was at least 16 years at the time of the terrorist act, the Secretary must determine if the amount payable to a secondary victim should be reduced by assessing the circumstances in which death occurred in accordance with the following calculator.

SECONDARY VICTIM REDUCTION CALCULATOR—AT LEAST 16 YEARS

Step 1. Determine if any of the circumstances mentioned in the table in subsection (2) apply to the deceased primary victim as a direct result of a declared overseas terrorist act.

Step 2. If a circumstance applies to the deceased primary victim, work out the reduction percentage by using the percentage in the table for the circumstance.

Step 3. If two circumstances apply, work out the reduction percentage by using the higher percentage mentioned in the table for the circumstance.

Step 4. If more than two circumstances apply, work out the amount of reduction by using the highest percentage mentioned in the table for the circumstances.

 (2) For subsection (1), the percentage reduction of the amount payable to a secondary victim if the deceased primary victim acted without due regard to the consequences or against advice about any circumstance is the percentage mentioned in the item of the following table that applies to the circumstance.

 (3) Subsection (1) does not apply, if

 (a) the deceased primary victim was in the place where the declared overseas terrorist act occurred:

 (i) for a humanitarian purpose; or

 (ii) on official business for the government of the Commonwealth, a State or Territory; or

 (b) the Secretary considers it is appropriate, in the circumstances of the particular case, not to reduce the amount payable to the secondary victim; or

 (c) the deceased primary victim was under 16 years at the time of the terrorist act.

17  Apportioning payments among secondary victims

 (1) If more than one person has made a claim as a secondary victim of a deceased primary victim of a declared overseas terrorist act, the Secretary must apportion and apply the total amount of AVTOP payable to each secondary victim in accordance with this section.

 (2) The portion of the amount payable to a secondary victim is the percentage mentioned in an item of the following table for the relationship between the primary victim and the secondary victim mentioned in the item.

 (3) The Secretary may distribute an amount of AVTOP among all persons who have made a claim as a secondary victim of a deceased primary victim of a declared overseas terrorist act, in a way that the Secretary considers appropriate:

 (a) if the primary victim was at least 16 years at the time of the terrorist act—the amount is equivalent to the reduction in step 9 of the calculator in subsection 15(1); or

 (b) if the primary victim was under 16 years at the time of the terrorist act—the amount is equivalent to the reduction in step 8 of the calculator in subsection 15(2).

Schedule 1—Injuries

 

(sections 8 and 9)

 

• ItemNo. Column 1Amount ($) Column 2Injury
• Psychological or psychiatric disorder or injury
• 1 5 000 mild psychological or psychiatric injury (acute)
• 2 8 000 mild psychological or psychiatric injury (recovered)
• 3 9 000 mild psychological or psychiatric injury (episodic)
• 4 18 000 mild psychological or psychiatric injury (enduring)
• 5 9 000 moderate psychological or psychiatric injury (acute)
• 6 18 000 moderate psychological or psychiatric injury (recovered)
• 7 21 000 moderate psychological or psychiatric injury (episodic)
• 8 40 000 moderate psychological or psychiatric injury (enduring)
• 9 18 000 severe psychological or psychiatric injury (acute)
• 10 35 000 severe psychological or psychiatric injury (recovered)
• 11 40 000 severe psychological or psychiatric injury (episodic)
• 12 75 000 severe psychological or psychiatric injury (enduring)
• Disease or other recognised medical illness causing disability (not being a disease or illness listed above)
• 13 4 000 disability lasting 6 to 13 weeks
• 14 16 000 disability lasting 14 to 28 weeks
• 15 30 000 disability lasting over 28 weeks (but not permanent)
• 16 75 000 disability (permanent)
• 17 30 000 epilepsy—fully controlled
• 18 50 000 epilepsy—partially controlled
• 19 75 000 epilepsy—uncontrolled
• 20 75 000 cancer
• 21 75 000 tumour—cancerous
• Reproduction
• 22 75 000 miscarriage or voluntary termination of pregnancy
• 23 75 000 loss of ability to conceive
• Blast injury
• 24 50 000 severe
• 25 75 000 severe and life threatening
• Penetration (gunshot, blade, etc.)
• 26 25 000 moderate
• 27 50 000 severe
• 28 75 000 severe and life threatening
• Head (brain damage)
• 29 60 000 moderate impairment of social or intellectual functions
• 30 75 000 serious impairment of social or intellectual functions
• 31 75 000 permanent—extremely serious (no effective control of functions)
• Head (ear)
• 32 4 000 fractured mastoid
• 33 16 000 partial loss of ear(s)
• 34 40 000 loss of 1 ear
• 35 70 000 loss of both ears
• 36 15 000 partial deafness of 1 ear—remaining hearing socially useful with hearing aid if necessary
• 37 30 000 partial deafness of both ears—remaining hearing socially useful with hearing aid if necessary
• 38 6 000 perforated ear drum
• 39 12 000 perforated ear drums for both ears
• 40 60 000 total deafness of 1 ear
• 41 75 000 total deafness of both ears
• 42 4 000 temporary partial deafness—lasting 6 to 13 weeks
• 43 8 000 temporary partial deafness—lasting more than 13 weeks
• 44 4 000 tinnitus (ringing noise in ears)—lasting 6 to 13 weeks
• 45 12 000 tinnitus—lasting more than 13 weeks
• 46 30 000 tinnitus—permanent (moderate)
• 47 60 000 tinnitus—permanent (very serious)
• Head (eye)
• 48 12 000 blow out fracture of orbit bone cavity containing eyeball
• 49 4 000 blurred or double vision—lasting 6 to 13 weeks
• 50 6 000 blurred or double vision—lasting more than 13 weeks
• 51 30 000 blurred or double vision—permanent
• 52 12 000 cataracts 1 eye (requiring operation)
• 53 30 000 cataracts both eyes (requiring operation)
• 54 30 000 cataracts 1 eye (permanent or inoperable)
• 55 70 000 cataracts both eyes (permanent or inoperable)
• 56 8 000 corneal abrasions
• 57 10 000 damage to iris resulting in hyphaema (bleeding in ocular chamber)
• 58 24 000 damage to irises resulting in hyphaema (bleeding in ocular chamber)
• 59 20 000 degeneration of optic nerves
• 60 20 000 detached retina
• 61 50 000 detached retinas
• 62 20 000 dislocation of lens
• 63 50 000 dislocation of lenses
• 64 10 000 glaucoma
• 65 75 000 loss of 1 eye
• 66 75 000 loss of both eyes
• 67 75 000 loss of sight of 1 eye
• 68 75 000 loss of sight of both eyes
• 69 30 000 partial loss of vision—6/9
• 70 40 000 partial loss of vision—6/12
• 71 50 000 partial loss of vision—6/24
• 72 60 000 partial loss of vision—6/36
• 73 70 000 partial loss of vision—6/60
• 74 20 000 residual floaters
• 75 10 000 traumatic angle recession of eye
• Head (facial)
• 76 8 000 dislocated jaw
• 77 8 000 fractured malar or zygomatic or fractured malar and zygomatic—cheek bones
• 78 12 000 fractured mandible or maxilla or fractured mandible and maxilla—jaw bones
• 79 20 000 permanently clicking jaw
• 80 16 000 permanent numbness or loss of feeling
• 81 4 000 temporary numbness or loss of feeling—lasting 6 to 13 weeks
• 82 6 000 temporary numbness or loss of feeling—lasting more than 13 weeks (recovery expected)
• Head (headache)
• 83 30 000 headache disorder – permanent with moderate functional effects
• Head (nose)
• 84 4 000 deviated nasal septum
• 85 8 000 deviated nasal septum requiring septoplasty
• 86 4 000 undisplaced fracture of nasal bones
• 87 6 000 displaced fracture of nasal bones
• 88 20 000 partial loss of smell or taste (or both)
• 89 40 000 loss of smell or taste
• 90 60 000 loss of smell and taste
• 91 16 000 partial loss (at least 10%)
• 92 75 000 loss of nose
• Head (skull)
• 93 30 000 balance impaired—permanent
• 94 16 000 brain haemorrhage (full recovery)
• 95 30 000 brain haemorrhage (residual minor impairment of social/intellectual functions)
• 96 6 000 concussion (lasting at least 1 week)
• 97 16 000 depressed fracture (no operation)
• 98 24 000 depressed fracture (requiring operation)
• 99 10 000 simple fracture (no operation)
• 100 20 000 stroke (full recovery)
• 101 16 000 subdural haematoma—treated conservatively
• 102 30 000 subdural haematoma—requiring evacuation
• Head (teeth)
• 103 4 000 chipped front teeth requiring crown
• 104 4 000 fractured tooth/teeth requiring crown
• 105 2 000 loss of 1 crown
• 106 4 000 loss of more than 1 crown
• 107 4 000 loss of 1 tooth other than front tooth
• 108 6 000 loss of 2 or more teeth other than front tooth
• 109 6 000 loss of 1 front tooth
• 110 8 000 loss of 2 or 3 front teeth
• 111 15 000 loss of 4 or more front teeth
• 112 4 000 slackening of teeth requiring dental treatment
• Head (tongue)
• 113 8 000 impaired speech—slight
• 114 20 000 impaired speech—moderate
• 115 40 000 impaired speech—serious
• 116 70 000 impaired speech—severe
• 117 75 000 loss of speech—permanent
• 118 75 000 loss of tongue
• Neck
• 119 75 000 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
• 120 4 000 strained—disabling for 6 to 13 weeks
• 121 6 000 strained—disabling for more than 13 weeks
• 122 20 000 strained—seriously disabling (not permanent)
• 123 40 000 strained—seriously disabling (permanent)
• Torso (back)
• 124 10 000 fracture of vertebra (full recovery)
• 125 20 000 fracture of vertebra (continuing disability)
• 126 16 000 fracture of more than 1 vertebra (full recovery)
• 127 30 000 fracture of more than 1 vertebra (continuing disability)
• 128 20 000 prolapsed invertebral disc or discs—seriously disabling (not permanent)
• 129 30 000 prolapsed invertebral disc or discs—seriously disabling (permanent)
• 130 40 000 ruptured invertebral disc or discs requiring surgical removal
• 131 4 000 strained back—disabling for 6 to 13 weeks
• 132 10 000 strained back—disabling for more than 13 weeks
• 133 20 000 strained back—seriously disabling (not permanent)
• 134 30 000 strained back—seriously disabling (permanent)
• Torso (clavicle)
• 135 8 000 fracture of collarbone
• 136 20 000 fracture of both collarbones
• Torso (coccyx)
• 137 10 000 fracture of tail bone
• Torso (genitalia)
• 138 8 000 injury requiring medical treatment (no permanent damage)
• 139 30 000 injury requiring medical treatment (permanent damage)
• Torso (breast)
• 140 35 000 loss of one breast
• 141 75 000 loss of both breasts
• Torso (hernia)
• 142 14 000 hernia
• 143 35 000 hernia (permanent damage)
• Torso (hip)
• 144 6 000 dislocated (full recovery)
• 145 30 000 dislocated (with continuing disability)
• 146 30 000 fractured (full recovery)
• 147 65 000 fractured (with continuing disability)
• Torso (abdominal organ non-reproductive)
• 148 15 000 abdominal organ injury (recovered)
• 149 25 000 abdominal organ injury (continuing limitation to function)
• 150 75 000 abdominal organ injury (seriously disabling and permanent)
• 151 14 000 injury requiring laparotomy
• 152 30 000 loss of abdominal organ (partial)
• 153 60 000 loss of abdominal organ (full)
• 154 75 000 loss of abdominal organ (multiple)
• 155 75 000 loss of abdominal organ (kidney)
• Torso (abdominal organ reproductive)
• 156 75,000 loss of fertility
• Torso (lung)
• 157 14 000 collapse of lung
• 158 30 000 collapse of both lungs
• 159 12 000 puncture of lung
• 160 24 000 puncture of both lungs
• 161 20 000 smoke inhalation in both lungs (permanent and disabling damage)
• Torso (pelvis)
• 162 30 000 fracture of pelvis
• Torso (rib)
• 163 4 000 fracture of rib
• 164 12 000 fracture of 2 or more ribs
• Torso (scapula)
• 165 10 000 fracture of shoulder blade
• 166 24 000 fracture of both shoulder blades
• Torso (shoulder)
• 167 6 000 dislocated (full recovery)
• 168 20 000 dislocated (with continuing disability)
• 169 14 000 frozen
• Torso (sternum)
• 170 10 000 fracture of breast bone
• Upper limbs (arm)
• 171 75 000 loss of arm
• 172 75 000 loss of both arms
• 173 30 000 permanently and seriously impaired grip in 1 arm
• 174 60 000 permanently and seriously impaired grip in both arms
• Upper limbs (elbow)
• 175 12 000 dislocation or fracture of 1 elbow (full recovery)
• 176 30 000 dislocation or fracture of 1 elbow (with continuing disability)
• 177 30 000 dislocation or fracture of both elbows (full recovery)
• 178 40 000 dislocation or fracture of both elbows (with continuing disability)
• Upper limbs (fingers or thumbs)
• 179 6 000 1 or more fingers or 1 thumb: dislocated on 1 hand (full recovery)
• 180 14 000 1 or more fingers or 1 thumb: dislocated on 1 hand (with continuing disability)
• 181 6 000 1 or more fingers or 1 thumb: fractured on 1 hand (full recovery)
• 182 14 000 1 or more fingers or 1 thumb: fractured on 1 hand (with continuing disability)
• 183 12 000 1 or more fingers or both thumbs: dislocated on both hands (full recovery)
• 184 30 000 1 or more fingers or both thumbs: dislocated on both hands (with continuing disability)
• 185 16 000 1 or more fingers or both thumbs: fractured on both hands (full recovery)
• 186 30 000 1 or more fingers or both thumbs: fractured on both hands (with continuing disability)
• 187 10 000 partial loss of finger (1 joint) other than thumb or index finger
• 188 16 000 partial loss of index finger (1 joint)
• 189 16 000 partial loss of thumb (1 joint)
• 190 20 000 loss of 1 other than index finger
• 191 30 000 loss of index finger
• 192 40 000 loss of 2 or more fingers
• 193 60 000 loss of thumb
• Upper limbs (hand)
• 194 8 000 fracture of 1 hand (full recovery)
• 195 20 000 fracture of 1 hand (with continuing disability)
• 196 14 000 fracture of both hands (full recovery)
• 197 30 000 fracture of both hands (with continuing disability)
• 198 75 000 loss of 1 hand
• 199 75 000 loss of both hands
• Upper limbs (humerus)
• 200 12 000 fracture of 1 arm (full recovery)
• 201 20 000 fracture of 1 arm (with continuing disability)
• 202 30 000 fracture of both arms (full recovery)
• 203 40 000 fracture of both arms (with continuing disability)
• Upper limbs (radius)
• 204 12 000 fracture of 1 arm (full recovery)
• 205 20 000 fracture of 1 arm (with continuing disability)
• 206 30 000 fracture of both arms (full recovery)
• 207 40 000 fracture of both arms (with continuing disability)
• Upper limbs (tendons or ligaments)
• 208 4 000 minor damage (full recovery)
• 209 12 000 minor damage (with continuing disability)
• 210 8 000 moderate damage (full recovery)
• 211 20 000 moderate damage (with continuing disability)
• 212 12 000 severe damage (full recovery)
• 213 30 000 severe damage (with continuing disability)
• Upper limbs (ulna)
• 214 12 000 fracture of 1 arm (full recovery)
• 215 20 000 fractured of 1 arm (with continuing disability)
• 216 30 000 fracture of both arms (full recovery)
• 217 40 000 fracture of both arms (with continuing disability)
• Upper limbs (wrist)
• 218 16 000 fracture—colles type (full recovery)
• 219 30 000 fracture—colles type (with continuing disability)
• 220 12 000 fracture—including scaphoid (full recovery)
• 221 24 000 fracture—including scaphoid (with continuing disability)
• 222 30 000 fracture of both—colles type (full recovery)
• 223 40 000 fracture of both—colles type (with continuing disability)
• 224 24 000 fracture of both—including scaphoid fracture (full recovery)
• 225 40 000 fracture of both—including scaphoid fracture (with continuing disability)
• 226 4 000 sprain—disabling for 6 to 13 weeks
• 227 6 000 sprain—disabling for more than 13 weeks
• 228 8 000 sprain of both—disabling for 6 to 13 weeks
• 229 12 000 sprain of both—disabling for more than 13 weeks
• Lower limbs (ankle)
• 230 12 000 fracture of 1 ankle (full recovery)
• 231 20 000 fracture of 1 ankle (with continuing disability)
• 232 30 000 fracture of both ankles (full recovery)
• 233 40 000 fracture of both ankles (with continuing disability)
• 234 4 000 sprain of 1 ankle—disabling for at least 6 to 13 weeks
• 235 10 000 sprain of 1 ankle—disabling for more than 13 weeks
• 236 8 000 sprain of both ankles—disabling for at least 6 to 13 weeks
• 237 14 000 sprain of both ankles—disabling for more than 13 weeks
• Lower limbs (femur)
• 238 12 000 fracture of 1 leg (full recovery)
• 239 20 000 fracture of 1 leg (with continuing disability)
• 240 30 000 fracture of both legs (full recovery)
• 241 40 000 fracture of both legs (with continuing disability)
• Lower limbs (fibula)
• 242 12 000 fracture of 1 leg (full recovery)
• 243 20 000 fracture of 1 leg (with continuing disability)
• 244 30 000 fracture of both legs (full recovery)
• 245 40 000 fracture of both legs (with continuing disability)
• Lower limbs (heel bone)
• 246 10 000 fracture of 1 foot (full recovery)
• 247 20 000 fracture of 1 foot (with continuing disability)
• 248 30 000 fracture of both feet (full recovery)
• 249 40 000 fracture of both feet (with continuing disability)
• Lower limbs (knees)
• 250 8 000 injury requiring arthroscopy (investigative surgery/repair)—no fracture
• Lower limbs (leg)
• 251 75 000 loss of leg below knee
• 252 75 000 loss of leg above knee
• 253 75 000 loss of both legs
• Lower limbs (metatarsal bones)
• 254 10 000 fracture of 1 foot (full recovery)
• 255 30 000 fracture of 1 foot (with continuing disability)
• 256 20 000 fracture of both feet (full recovery)
• 257 60 000 fracture of both feet (with continuing disability)
• Lower limbs (patella)
• 258 4 000 dislocation of knee cap (full recovery)
• 259 30 000 dislocation of knee cap (with continuing disability)
• 260 8 000 dislocation of both knee caps (full recovery)
• 261 70 000 dislocation of both knee caps (with continuing disability)
• 262 30 000 fracture of knee cap (full recovery)
• 263 40 000 fracture of knee cap (with continuing disability)
• 264 60 000 fracture of both knee caps (full recovery)
• 265 75 000 fracture of both knee caps (with continuing disability)
• Lower limbs (tarsal bones)
• 266 10 000 fracture of 1 foot (full recovery)
• 267 30 000 fracture of 1 foot (with continuing disability)
• 268 20 000 fracture of both feet (full recovery)
• 269 60 000 fracture of both feet (with continuing disability)
• Lower limbs (tendons or ligaments)
• 270 4 000 minor damage (full recovery)
• 271 12 000 minor damage (with continuing disability)
• 272 8 000 moderate damage (full recovery)
• 273 20 000 moderate damage (with continuing disability)
• 274 12 000 severe damage (full recovery)
• 275 30 000 severe damage (with continuing disability)
• Lower limbs (tibia)
• 276 12 000 fracture of 1 leg (full recovery)
• 277 20 000 fracture of 1 leg (with continuing disability)
• 278 30 000 fracture of both legs (full recovery)
• 279 40 000 fracture of both legs (with continuing disability)
• Lower limbs (toe)
• 280 6 000 fracture of 1 or more toes other than big toes
• 281 10 000 fracture of 1 big toe
• 282 20 000 fracture of 2 big toes
• 283 30 000 loss of 1 or more toes other than big toes
• 284 40 000 loss of 1 big toe
• 285 60 000 loss of 2 big toes
• Burns
• Burns (Face)
• 286 8 000 minor
• 287 20 000 moderate
• 288 75 000 severe
• Burns (Head other than face)
• 289 6 000 minor
• 290 16 000 moderate
• 291 40 000 severe
• Burns (Neck)
• 292 6 000 minor
• 293 16 000 moderate
• 294 40 000 severe
• Burns (Torso)
• 295 6 000 minor
• 296 16 000 moderate
• 297 40 000 severe
• Burns (Upper limbs)
• 298 6 000 minor
• 299 16 000 moderate
• 300 40 000 severe
• Burns (Lower limbs)
• 301 6 000 minor
• 302 16 000 moderate
• 303 40 000 severe
• Multiple burns
• 304 75 000 multiple third degree burns covering at least 25% of body
• Scarring
• Scarring (Face)
• 305 6 000 minor disfigurement
• 306 18 000 significant disfigurement
• 307 35 000 serious disfigurement
• Scarring (Head - other than face)
• 308 4 000 minor disfigurement
• 309 10 000 significant disfigurement
• 310 20 000 serious disfigurement
• Scarring (Neck)
• 311 4 000 minor disfigurement
• 312 10 000 significant disfigurement
• 313 20 000 serious disfigurement
• Scarring (Torso)
• 314 4 000 minor disfigurement
• 315 10 000 significant disfigurement
• 316 20 000 serious disfigurement
• Scarring (Upper limbs)
• 317 4 000 minor disfigurement
• 318 10 000 significant disfigurement
• 319 20 000 serious disfigurement
• Scarring (Lower limbs)
• 320 4 000 minor disfigurement
• 321 10 000 significant disfigurement
• 322 20 000 serious disfigurement

 

Schedule 2—Effects calculator—at least 16 years

 

(section 11)

1  Personal relationships

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s personal relationships by assessing the 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.

 (2) The Secretary must take both physical and psychological impediments to personal relationships into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s personal relationships is the amount mentioned in an item of the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 7 mentioned in the item.

2  Mobility

 (1) The Secretary must:

 (a) rate the effects of the terrorist act on the primary victim’s mobility by assessing the victim’s ability to move about effectively in carrying out the ordinary activities of life; and

 (b) take both physical and psychological impediments to mobility into account.

Note 1 This assessment allows for the ability to use available forms of transport. Lack of public transport is not to be taken into account.

 (2) The amount payable for the effects of the terrorist act on the primary victim’s mobility is the amount mentioned in an item of the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 7 mentioned in the item.

3  Recreational and community activities

 (1) The Secretary must:

 (a) rate the effects of the terrorist act on the primary victim’s recreational and community activities by assessing the victim’s ability to take part in any activities of the victim’s choosing; and

 (b) measure the limitation placed by the effects of the terrorist act on the victim’s ability to continue their normal recreational and community activities.

 (c) take both physical and psychological impediments to recreational and community activities into account.

 (2) The Secretary must not take into account:

 (a) the victim’s need to modify recreational pursuits or to seek alternatives; or

 (b) the victim’s inability to take part in recreational and community activities for reasons unrelated to the terrorist act.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s recreational and community activities is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 7 mentioned in the item.

4  Domestic activities

 (1) The Secretary:

 (a) must rate the effects of the terrorist act on the primary victim’s domestic activities by assessing the victim’s ability to sustain effective routines in a domestic environment;

 (b) take both physical and psychological impediments to domestic activities into account; and

 (c) must not take into account the victim’s inability to do domestic work for reasons unrelated to the terrorist act.

 (2) The amount payable for the effects of the terrorist act on the primary victim’s domestic activities is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 7 mentioned in the item.

• ItemNo. Column 1Rating Column 2Amount ($) Column 3Assessment
• 1 0 nil Able to sustain any usual activities.
• 2 1 15 000.00 Intermittent effects on usual activity.
• 3 2 25 000.00 Able to carry out accustomed activities, but has difficulty with some heavier activities.
• 4 3 35 000.00 Unable to perform heavy activities.
• 5 4 45 000.00 Unable to carry out a full range of usual household activities, particularly some moderate tasks which require exertion.
• 6 5 55 000.00 Limitation of household activity to a small range of light activities.
• 7 6 65 000.00 Able to carry out only very limited domestic activities.
• 8 7 75 000.00 Total dependency upon others for domestic activities.

5  Employment activities

 (1) The Secretary must:

 (a) rate the effects of the terrorist act on the primary victim’s employment activities by assessing changes in a victim’s ability to work for remuneration after the terrorist act from the victim’s ability to work before the terrorist act;

 (b) take into account any necessary changes or modifications to employment or the workplace; and

 (c) take both physical and psychological impediments to recreational and community activities into account.

 (2) The amount payable for the effects of the terrorist act on the primary victim’s employment activities is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 5 mentioned in the item.

Schedule 3—Effects calculator—under 16 years

 

(section 14)

1  Sleeping habits

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s sleeping habits by assessing the extent to which, since the declared overseas terrorist act:

 (a) the victim’s ability to get to sleep at night has changed; or

 (b) the victim has exhibited disrupted sleeping patterns.

 (2) The Secretary must rate the effects of the terrorist act on the primary victim’s sleeping habits by assessing the extent to which, since the declared overseas terrorist act.

  (3) The amount payable for the effects of the terrorist act on the primary victim’s sleeping habits is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

2  Communication skills

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s communication skills by assessing the extent to which the victim’s ability to speak or communicate in a manner appropriate to the victim’s age has changed since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s communication skills is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

3  Eating habits

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s eating habits by assessing the extent to which the victim’s eating habits have been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s eating habits is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

4  Toilet habits

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s toilet habits by assessing the extent to which the victim’s toilet habits have been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s toilet habits is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

5  Mobility

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s mobility by assessing the extent to which the victim’s mobility has been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s mobility is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

6  Concerning or unusual behaviours

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s concerning or unusual behaviours by assessing the extent to which the victim has exhibited an increase in concerning behaviours since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments to into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s concerning or unusual behaviours is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

7  Anxiety, fear or depression

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s anxiety, fear or depression by assessing the extent to which the victim has exhibited an increase in anxiety, fear or depression since the declared overseas terrorist act.

 (2) The amount payable for the effects of the terrorist act on the primary victim’s anxiety, fear or depression is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

8  Further medical requirements

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s medical requirements by assessing the extent to which the victim’s needs for visits to a health professional, special medical equipment or medication have increased since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s medical requirements is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

• ItemNo. Column 1Rating Column 2Amount ($) Column 3Assessment
• 1 0 nil No effects.
• 2 1 25 000.00 The victim’s requirements for visits to a health professional, special medical equipment or medication has slightly increased.
• 3 2 50 000.00 The victim’s requirements for visits to a health professional, special medical equipment or medication has moderately increased.
• 4 3 75 000.00 The victim’s requirements for visits to a health professional, special medical equipment or medication has significantly increased.

9  Hygiene and grooming skills

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s hygiene and grooming skills by assessing the extent to which the victim’s ability to groom, dress or bathe independently in his or her usual manner has been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s hygiene and grooming skills is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

10  Learning or concentration

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s learning or concentration by assessing the extent to which the victim’s ability to learn or concentrate has been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s learning or concentration is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.

11  Social skills

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s social skills by assessing the extent to which the victim’s ability to socialise has been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s social skills is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item 3.

12  Enjoyment or participation

 (1) The Secretary must rate the effects of the terrorist act on the primary victim’s enjoyment or participation by assessing the extent to which the victim’s ability to participate or enjoy a particular activity or interest that the victim previously enjoyed or participated in has been affected since the declared overseas terrorist act.

 (2) The Secretary must take both physical and psychological impediments into account.

 (3) The amount payable for the effects of the terrorist act on the primary victim’s enjoyment or participation is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.