Social Security Act 1991

A person is qualified for an Australian Victim of Terrorism Overseas Payment if:

the person is a primary victim or a secondary victim of a declared overseas terrorist act; and

the person and the person’s close family members were not involved in the commission of the terrorist act; and

the person:

is an Australian resident on the day the terrorist act occurred; or

is covered by a determination under subsection (6).

For declared overseas terrorist act see section 35B.

A person is a primary victim of a declared overseas terrorist act if the person:

was in the place where the terrorist act occurred; and

was harmed (within the meaning of the Criminal Code) as a direct result of the terrorist act.

A person is a secondary victim of a declared overseas terrorist act if the person is a close family member of a person who:

was in the place where the terrorist act occurred; and

died, before the end of 2 years starting on the day the terrorist act occurred, as a direct result of the terrorist act.

The following are a person’s close family members:

the person’s partner;

the person’s child;

the person’s parent;

the person’s sibling;

the person’s legal guardian.

A person was involved in the commission of a declared overseas terrorist act if the person:

aided, abetted, counselled or procured the terrorist act; or

induced the terrorist act, whether through threats or promises or otherwise; or

was in any way (directly or indirectly) knowingly concerned in, or a party to, the terrorist act; or

conspired with others to effect the terrorist act.

The Minister may, by legislative instrument, determine a specified class of persons for the purposes of subparagraph (1)(c)(ii).