Contents
1 Short title........................................................................................................ 1
2 Commencement.............................................................................................. 1
3 Objects of Act................................................................................................ 1
4 Interpretation.................................................................................................. 1
5 Guidelines for the framework........................................................................ 2
6 Priorities for assistance.................................................................................. 2
7 Consultation................................................................................................... 2
8 Responsibility of Minister.............................................................................. 3
9 Secretary to have responsibility for administration of framework.................. 3
10 Payment not to be recommended unless in accordance with guidelines....... 3
11 Principles of administration.......................................................................... 3
12 Regulations.................................................................................................. 4
A Bill for an Act to establish a process for assisting victims of overseas terrorist acts
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Assisting Victims of Overseas Terrorism Bill 2010.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Objects of Act
The objects of this Act are to acknowledge Australians who are killed or injured overseas as a result of terrorist acts by establishing a framework to facilitate the provision of financial assistance for persons who suffer injury as a consequence or their next of kin.
4 Interpretation
In this Act, unless the contrary intention appears:
the Minister means the Attorney-General.
the framework means the framework known as the Assisting Australian Victims of Overseas Terrorist Acts Framework.
the Secretary means the Secretary, Attorney-General’s Department.
5 Guidelines for the framework
(1) As soon as practicable after the commencement of this Act the Minister must, by instrument in writing, determine guidelines for the operation of the framework.
(2) Guidelines determined under subsection (1) must contain details on the eligibility requirements to be satisfied before a recommendation may be made to the Minister for the disbursement of financial assistance to a person under the framework.
(3) An instrument determining guidelines under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
6 Priorities for assistance
The guidelines determined under section (5) must ensure that financial assistance is provided to a person who suffered injury requiring hospitalisation as a result of an overseas terrorist act or to the next of kin of a person who suffered death as a result of such an act.
7 Consultation
(1) The Minister must, for the purposes of this Act, consult with representatives of:
(a) victims of the overseas terrorist acts and their families;
(b) community or welfare organisations;
(c) health professionals;
(d) international humanitarian agencies; and
(e) any other relevant individuals or bodies.
(2) Consultation under subsection (1) must take place:
(a) before guidelines are determined for the purposes of section 5; and
(b) twice each year after the commencement of the framework.
8 Responsibility of Minister
The Minister is to have general responsibility for the operation of the plan and, in particular for:
(a) determining guidelines as required by section (5), and
(b) in the event of disallowance of guidelines, determining replacement guidelines so as to ensure that there is no time when the framework is not in operation.
9 Secretary to have responsibility for administration of framework
The Secretary is to have general responsibility for the administration of the framework.
10 Payment not to be recommended unless in accordance with guidelines
A payment must not:
(a) be recommended in relation to the framework unless the requirements of the guidelines made under section 5 have been satisfied in respect of the payment; and
(b) exceed $75,000.
11 Principles of administration
In administrating this Act, the Secretary is to have regard to the necessity of ensuring that:
(a) payments for the purposes of the framework are recommended only in accordance with guidelines determined under section 5;
(b) information about the operation of the framework is made available to members of the public in Australia; and
(c) procedures and practices established under or for the purposes of this Act and for the operation of the framework help to minimise abuses of the framework and are broadly commensurate with the procedures and practices established under State victims of crime compensation schemes.
12 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.