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Australian Victims of Terrorism Overseas Payment Principle 2012

Submission Date: 1 March 2013

The Law Council of Australia provided a submission to comment on the Social Security (Australian Victim of Terrorism Overseas Payment) Principle 2012 (the Principle). 

The Law Council has consulted with its constituent bodies and has received comments from the Law Society of South Australia (LSSA) which may be of assistance in finalising the Principle. These comments are detailed in the submission.

The Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Act 2012 (Cth) (the Act) establishes a scheme for financial assistance for Australians injured overseas as a result of terrorist acts and for close family members of Australians killed through such acts. The assistance takes the form of an Australian Victim of Overseas Terrorism Payment (AVTOP) by the Government.

The Act provides that the Secretary of the Attorney-General’s Department (the AGD Secretary) determines the amount of an AVTOP in accordance with AVTOP Principles made by the Attorney-General. Accordingly, the Principle is being made pursuant to section 1061PAF of the Social Security Act 1991 (Cth) (the 1991 Act).

The Principle contains criteria for the determination of the amounts of AVTOPs for primary and secondary victims. Primary victims are people harmed as a result of a declared terrorist act. Secondary victims are family members of people who die as a result of such an act within two years of the day the terrorist act occurred. The amount of an AVTOP for a primary or secondary victim must not exceed $75,000 and the sum of all AVTOPs for secondary victims must not exceed $75,000.

Last Updated on 28/04/2025

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