Turn the raw legal text into a practical explanation grounded in Social Security (Australian Victim of Terrorism Overseas Payment Principles) Determination (LIN 23/059) 2023.
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.
Item<br>No.
Column 1<br>Reduction
Column 2<br>Circumstance
1
10%
The primary victim failed to take reasonable steps to avoid harm or acted recklessly when the terrorist act occurred.
2
15%
The primary victim travelled to the place where the terrorist act occurred despite official 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.
3
20%
The primary victim travelled to the place where the terrorist act occurred despite official travel advice on an Australian Government website advising against travelling to that place because of a high risk of a terrorist act.
4
50%
The primary 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.
(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.
Item<br>No.
Column 1<br>Reduction
Column 2<br>Circumstance
1
10%
The deceased primary victim failed to take reasonable steps to avoid harm or acted recklessly when the terrorist act occurred.
2
15%
The deceased primary victim travelled to the place where the terrorist act occurred despite official 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.
3
20%
The deceased primary victim travelled to the place where the terrorist act occurred despite official travel advice on an Australian Government website advising against travelling to that place because of a high risk of a terrorist act.
4
50%
The deceased primary 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.
(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.
Item<br>No.
Column 1<br>Secondary victim claimant(s)
Column 2<br>Portion of an AVTOP payable
1
Partner<br>No child
Partner: 100%<br>Any other claimants: nil
2
Child<br>No partner
Child or children: 100%, shared equally among the children if more than one child<br>Any other claimants: nil
3
Partner and a child
Partner: 50%<br>Child or children: 50%, shared equally among the children if more than one child<br>Any other claimants: nil
4
Parent or principal carer<br>No partner or child
Any parent or principal carer: 100%, shared equally among the parents and principal carers if more than one parent or principal carer<br>Any other claimants: nil
5
Sibling<br>No partner, child or parent
Sibling or siblings: 100%, shared equally among the siblings if more than one sibling<br>Any other claimants: nil
6
No partner, child, parent or sibling
Any other claimants: nil
(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)
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
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No or negligible effects on personal and social relationships.
2
1
15 000.00
Personal and social relationships are fairly satisfying.
3
2
25 000.00
Mild effects on personal and social relationships.
4
3
35 000.00
Moderate effects on personal and social relationships.
5
4
45 000.00
Marked effects on relationships.
6
5
55 000.00
Severe effects on relationships.
7
6
65 000.00
Extreme difficulty in relating to anyone.
8
7
75 000.00
All relationships prevented.
2 Mobility
(1) The Secretary must:
(a) rate the effects of the terrorist act on the primary victim’s mobility by assessing the victim’s ability to move about effectively in carrying out the ordinary activities of life; and
(b) take both physical and psychological impediments to mobility into account.
Note 1 This assessment allows for the ability to use available forms of transport. Lack of public transport is not to be taken into account.
(2) The amount payable for the effects of the terrorist act on the primary victim’s mobility is the amount mentioned in an item of the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 7 mentioned in the item.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No or minimal restrictions of mobility, or full mobility.
2
1
15 000.00
Intermittent or periodic effects on mobility.
3
2
25 000.00
Mild effects on mobility.
4
3
35 000.00
Moderately reduced mobility.
5
4
45 000.00
Markedly reduced mobility.
6
5
55 000.00
Major impediments to mobility.
7
6
65 000.00
Severe impediments to mobility.
8
7
75 000.00
Restricted to room or chair.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
Able to undertake the full range of usual recreational pursuits and community activities.
2
1
15 000.00
Intermittent interference with recreational pursuits and community activities.
3
2
25 000.00
Mild but constant interference with accustomed recreational pursuits and community activities.
4
3
35 000.00
Unable to continue some accustomed recreational pursuits and community activities.
5
4
45 000.00
Unable to take part in previously favoured recreational pursuits, leisure and community activities.
6
5
55 000.00
Greater reduction in the number and kind of recreational activities which can be undertaken.
7
6
65 000.00
Able to engage in very few satisfying recreational activities.
8
7
75 000.00
Unable to take part in any recreational activities.
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.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
Able to engage in usual employment.
2
1
15 000.00
Able to carry out usual employment that is affected intermittently.
3
2
30 000.00
Able to follow accustomed employment but difficulty is experienced in carrying out full range of occupational activities.
4
3
50 000.00
Unable to follow accustomed employment without modification to workplace, provision of aids or restructuring of tasks.
5
4
60 000.00
Either unable to work full time in normal occupation, or has had to change occupation or number of hours worked, or both.
6
5
75 000.00
Unable to engage in employment.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim very rarely has more difficulty getting to sleep or disrupted sleeping patterns.
3
2
50 000.00
The victim occasionally has more difficulty getting to sleep or disrupted sleeping patterns.
4
3
75 000.00
The victim frequently has difficulty getting to sleep or disrupted sleeping patterns.
2 Communication skills
(1) The Secretary must rate the effects of the terrorist act on the primary victim’s communication skills by assessing the extent to which the victim’s ability to speak or communicate in a manner appropriate to the victim’s age has changed since the declared overseas terrorist act.
(2) The Secretary must take both physical and psychological impediments into account.
(3) The amount payable for the effects of the terrorist act on the primary victim’s communication skills is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s communication skills have slightly changed.
3
2
50 000.00
The victim’s communication skills have moderately changed.
4
3
75 000.00
The victim’s communication skills have significantly changed.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s eating habits have been slightly affected.
3
2
50 000.00
The victim’s eating habits have been moderately affected.
4
3
75 000.00
The victim’s eating habits have been significantly affected.
4 Toilet habits
(1) The Secretary must rate the effects of the terrorist act on the primary victim’s toilet habits by assessing the extent to which the victim’s toilet habits have been affected since the declared overseas terrorist act.
(2) The Secretary must take both physical and psychological impediments into account.
(3) The amount payable for the effects of the terrorist act on the primary victim’s toilet habits is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s toilet habits have been slightly affected.
3
2
50 000.00
The victim’s toilet habits have been moderately affected.
4
3
75 000.00
The victim’s toilet habits have been significantly affected.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s mobility has been slightly affected.
3
2
50 000.00
The victim’s mobility has been moderately affected.
4
3
75 000.00
The victim’s mobility has been significantly affected.
6 Concerning or unusual behaviours
(1) The Secretary must rate the effects of the terrorist act on the primary victim’s concerning or unusual behaviours by assessing the extent to which the victim has exhibited an increase in concerning behaviours since the declared overseas terrorist act.
(2) The Secretary must take both physical and psychological impediments to into account.
(3) The amount payable for the effects of the terrorist act on the primary victim’s concerning or unusual behaviours is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s increase in concerning or unusual behaviours is very rarely exhibited or mildly worrying.
3
2
50 000.00
The victim’s increase in concerning or unusual behaviours is occasionally exhibited or moderately worrying.
4
3
75 000.00
The victim’s increase in concerning or unusual behaviours is exhibited or extremely worrying.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s increase in anxiety, fear or depression is very rarely exhibited.
3
2
50 000.00
The victim’s increase in anxiety, fear or depression is occasionally exhibited.
4
3
75 000.00
The victim’s increase in anxiety, fear or depression is frequently exhibited.
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.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s ability to groom, dress or bathe independently in the victim’s usual manner has been slightly affected.
3
2
50 000.00
The victim’s ability to groom, dress or bathe independently in the victim’s usual manner has been moderately affected.
4
3
75 000.00
The victim’s ability to groom, dress or bathe independently in the victim’s usual manner has been significantly affected.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s ability to learn or concentrate has been slightly affected.
3
2
50 000.00
The victim’s ability to learn or concentrate has been moderately affected.
4
3
75 000.00
The victim’s ability to learn or concentrate has been significantly affected.
11 Social skills
(1) The Secretary must rate the effects of the terrorist act on the primary victim’s social skills by assessing the extent to which the victim’s ability to socialise has been affected since the declared overseas terrorist act.
(2) The Secretary must take both physical and psychological impediments into account.
(3) The amount payable for the effects of the terrorist act on the primary victim’s social skills is the amount mentioned in the following table assessed by the Secretary in accordance with the rating of the effects on a scale of nil to 3 mentioned in the item 3.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s ability to socialise has been slightly affected.
3
2
50 000.00
The victim’s ability to socialise has been moderately affected.
4
3
75 000.00
The victim’s ability to socialise has been significantly affected.
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.
Item<br>No.
Column 1<br>Rating
Column 2<br>Amount ($)
Column 3<br>Assessment
1
0
nil
No effects.
2
1
25 000.00
The victim’s ability to participate or enjoy a particular activity or interest that the victim previously enjoyed or participated in has been slightly affected.
3
2
50 000.00
The victim’s ability to participate or enjoy a particular activity or interest that the victim previously enjoyed or participated in has been moderately affected.
4
3
75 000.00
The victim’s ability to participate or enjoy a particular activity or interest that the victim previously enjoyed or participated in has been significantly affected.