Social Security Act 1991

The Minister must, by legislative instrument, determine the principles (the AVTOP Principles) to be applied for the purposes of determining the amount of an AVTOP payable to a person in relation to a declared overseas terrorist act.

Without limiting subsection (1), the AVTOP Principles may provide that the following factors are to be taken into account when determining the amount of the payment:

for a primary victim:

the nature of the injury or disease suffered as a direct result of the terrorist act; and

the duration of the injury or disease; and

the impact of the injury or disease on the person’s bodily and mental functions; and

the impact of the injury or disease on the person’s life; and

the likelihood of the person suffering future loss, injury or disease as a direct result of the terrorist act; and

the circumstances in which the injury or disease was incurred; and

whether the person was directed by an official of Australia or a foreign country not to go to the place where the terrorist act occurred;

for a secondary victim in relation to a close family member who has died:

whether the person was dependant on the close family member; and

the nature of the relationship between the person and the close family member; and

the circumstances in which the close family member died; and

whether the close family member was directed by an official of Australia or a foreign country not to go to the place where the terrorist act occurred; and

whether there are other persons who have made a claim for an AVTOP as a secondary victim in relation to the close family member; and

if there are such other secondary victims and the person and each of the other secondary victims agree on the amount of the AVTOP that each should be paid—that agreement; and

if there are such other secondary victims and the person and each of the other secondary victims have not agreed on the amount of the AVTOP that each should be paid—whether the person has also made a claim as a secondary victim of the terrorist act in relation to another close family member;

for a primary victim or a secondary victim:

whether there was travel advice on an Australian government website advising against travelling to the foreign country, region or place where the terrorist act occurred; and

whether the person has been paid or is likely to be paid an amount by the Commonwealth, a State, a Territory, a foreign country or any other person or entity in relation to the terrorist act.

The AVTOP Principles may specify circumstances in which the amount of an AVTOP is nil.