Commonwealth Coat of Arms of Australia

 

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

No.

Column 1

Reduction

Column 2

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

No.

Column 1

Reduction

Column 2

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

No.

Column 1

Secondary victim claimant(s)

Column 2

Portion of an AVTOP payable

1

Partner

No child

Partner: 100%

Any other claimants: nil

2

Child

No partner

Child or children: 100%, shared equally among the children if more than one child

Any other claimants: nil

3

Partner and a child

Partner: 50%

Child or children: 50%, shared equally among the children if more than one child

Any other claimants: nil

4

Parent or principal carer

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

Any other claimants: nil

5

Sibling

No partner, child or parent

Sibling or siblings: 100%, shared equally among the siblings if more than one sibling

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)

 

Item

No.

Column 1

Amount ($)

Column 2

Injury

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)

Head (headache)

83

30 000

headache disorder – permanent with moderate functional effects

Head (nose)

84

4 000

deviated nasal septum

85

8 000

deviated nasal septum requiring septoplasty

86

4 000

undisplaced fracture of nasal bones

87

6 000

displaced fracture of nasal bones

88

20 000

partial loss of smell or taste (or both)

89

40 000

loss of smell or taste

90

60 000

loss of smell and taste

91

16 000

partial loss (at least 10%)

92

75 000

loss of nose

Head (skull)

93

30 000

balance impaired—permanent

94

16 000

brain haemorrhage (full recovery)

95

30 000

brain haemorrhage (residual minor impairment of social/intellectual functions)

96

6 000

concussion (lasting at least 1 week)

97

16 000

depressed fracture (no operation)

98

24 000

depressed fracture (requiring operation)

99

10 000

simple fracture (no operation)

100

20 000

stroke (full recovery)

101

16 000

subdural haematoma—treated conservatively

102

30 000

subdural haematoma—requiring evacuation

Head (teeth)

103

4 000

chipped front teeth requiring crown

104

4 000

fractured tooth/teeth requiring crown

105

2 000

loss of 1 crown

106

4 000

loss of more than 1 crown

107

4 000

loss of 1 tooth other than front tooth

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

122

20 000

strained—seriously disabling (not permanent)

123

40 000

strained—seriously disabling (permanent)

Torso (back)

124

10 000

fracture of vertebra (full recovery)

125

20 000

fracture of vertebra (continuing disability)

126

16 000

fracture of more than 1 vertebra (full recovery)

127

30 000

fracture of more than 1 vertebra (continuing disability)

128

20 000

prolapsed invertebral disc or discs—seriously disabling (not permanent)

129

30 000

prolapsed invertebral disc or discs—seriously disabling (permanent)

130

40 000

ruptured invertebral disc or discs requiring surgical removal

131

4 000

strained back—disabling for 6 to 13 weeks

132

10 000

strained back—disabling for more than 13 weeks

133

20 000

strained back—seriously disabling (not permanent)

134

30 000

strained back—seriously disabling (permanent)

Torso (clavicle)

135

8 000

fracture of collarbone

136

20 000

fracture of both collarbones

Torso (coccyx)

137

10 000

fracture of tail bone

Torso (genitalia)

138

8 000

injury requiring medical treatment (no permanent damage)

139

30 000

injury requiring medical treatment (permanent damage)

Torso (breast)

140

35 000

loss of one breast

141

75 000

loss of both breasts

Torso (hernia)

142

14 000

hernia

143

35 000

hernia (permanent damage)

Torso (hip)

144

6 000

dislocated (full recovery)

145

30 000

dislocated (with continuing disability)

146

30 000

fractured (full recovery)

147

65 000

fractured (with continuing disability)

Torso (abdominal organ non-reproductive)

148

15 000

abdominal organ injury (recovered)

149

25 000

abdominal organ injury (continuing limitation to function)

150

75 000

abdominal organ injury (seriously disabling and permanent)

151

14 000

injury requiring laparotomy

152

30 000

loss of abdominal organ (partial)

153

60 000

loss of abdominal organ (full)

154

75 000

loss of abdominal organ (multiple)

155

75 000

loss of abdominal organ (kidney)

Torso (abdominal organ reproductive)

156

75,000

loss of fertility

Torso (lung)

157

14 000

collapse of lung

158

30 000

collapse of both lungs

159

12 000

puncture of lung

160

24 000

puncture of both lungs

161

20 000

smoke inhalation in both lungs (permanent and disabling damage)

Torso (pelvis)

162

30 000

fracture of pelvis

Torso (rib)

163

4 000

fracture of rib

164

12 000

fracture of 2 or more ribs

Torso (scapula)

165

10 000

fracture of shoulder blade

166

24 000

fracture of both shoulder blades

Torso (shoulder)

167

6 000

dislocated (full recovery)

168

20 000

dislocated (with continuing disability)

169

14 000

frozen

Torso (sternum)

170

10 000

fracture of breast bone

Upper limbs (arm)

171

75 000

loss of arm

172

75 000

loss of both arms

173

30 000

permanently and seriously impaired grip in 1 arm

174

60 000

permanently and seriously impaired grip in both arms

Upper limbs (elbow)

175

12 000

dislocation or fracture of 1 elbow (full recovery)

176

30 000

dislocation or fracture of 1 elbow (with continuing disability)

177

30 000

dislocation or fracture of both elbows (full recovery)

178

40 000

dislocation or fracture of both elbows (with continuing disability)

Upper limbs (fingers or thumbs)

179

6 000

1 or more fingers or 1 thumb: dislocated on 1 hand (full recovery)

180

14 000

1 or more fingers or 1 thumb: dislocated on 1 hand (with continuing disability)

181

6 000

1 or more fingers or 1 thumb: fractured on 1 hand (full recovery)

182

14 000

1 or more fingers or 1 thumb: fractured on 1 hand (with continuing disability)

183

12 000

1 or more fingers or both thumbs: dislocated on both hands (full recovery)

184

30 000

1 or more fingers or both thumbs: dislocated on both hands (with continuing disability)

185

16 000

1 or more fingers or both thumbs: fractured on both hands (full recovery)

186

30 000

1 or more fingers or both thumbs: fractured on both hands (with continuing disability)

187

10 000

partial loss of finger (1 joint) other than thumb or index finger

188

16 000

partial loss of index finger (1 joint)

189

16 000

partial loss of thumb (1 joint)

190

20 000

loss of 1 other than index finger

191

30 000

loss of index finger

192

40 000

loss of 2 or more fingers

193

60 000

loss of thumb

Upper limbs (hand)

194

8 000

fracture of 1 hand (full recovery)

195

20 000

fracture of 1 hand (with continuing disability)

196

14 000

fracture of both hands (full recovery)

197

30 000

fracture of both hands (with continuing disability)

198

75 000

loss of 1 hand

199

75 000

loss of both hands

Upper limbs (humerus)

200

12 000

fracture of 1 arm (full recovery)

201

20 000

fracture of 1 arm (with continuing disability)

202

30 000

fracture of both arms (full recovery)

203

40 000

fracture of both arms (with continuing disability)

Upper limbs (radius)

204

12 000

fracture of 1 arm (full recovery)

205

20 000

fracture of 1 arm (with continuing disability)

206

30 000

fracture of both arms (full recovery)

207

40 000

fracture of both arms (with continuing disability)

Upper limbs (tendons or ligaments)

208

4 000

minor damage (full recovery)

209

12 000

minor damage (with continuing disability)

210

8 000

moderate damage (full recovery)

211

20 000

moderate damage (with continuing disability)

212

12 000

severe damage (full recovery)

213

30 000

severe damage (with continuing disability)

Upper limbs (ulna)

214

12 000

fracture of 1 arm (full recovery)

215

20 000

fractured of 1 arm (with continuing disability)

216

30 000

fracture of both arms (full recovery)

217

40 000

fracture of both arms (with continuing disability)

Upper limbs (wrist)

218

16 000

fracture—colles type (full recovery)

219

30 000

fracture—colles type (with continuing disability)

220

12 000

fracture—including scaphoid (full recovery)

221

24 000

fracture—including scaphoid (with continuing disability)

222

30 000

fracture of both—colles type (full recovery)

223

40 000

fracture of both—colles type (with continuing disability)

224

24 000

fracture of both—including scaphoid fracture (full recovery)

225

40 000

fracture of both—including scaphoid fracture (with continuing disability)

226

4 000

sprain—disabling for 6 to 13 weeks

227

6 000

sprain—disabling for more than 13 weeks

228

8 000

sprain of both—disabling for 6 to 13 weeks

229

12 000

sprain of both—disabling for more than 13 weeks

Lower limbs (ankle)

230

12 000

fracture of 1 ankle (full recovery)

231

20 000

fracture of 1 ankle (with continuing disability)

232

30 000

fracture of both ankles (full recovery)

233

40 000

fracture of both ankles (with continuing disability)

234

4 000

sprain of 1 ankle—disabling for at least 6 to 13 weeks

235

10 000

sprain of 1 ankle—disabling for more than 13 weeks

236

8 000

sprain of both ankles—disabling for at least 6 to 13 weeks

237

14 000

sprain of both ankles—disabling for more than 13 weeks

Lower limbs (femur)

238

12 000

fracture of 1 leg (full recovery)

239

20 000

fracture of 1 leg (with continuing disability)

240

30 000

fracture of both legs (full recovery)

241

40 000

fracture of both legs (with continuing disability)

Lower limbs (fibula)

242

12 000

fracture of 1 leg (full recovery)

243

20 000

fracture of 1 leg (with continuing disability)

244

30 000

fracture of both legs (full recovery)

245

40 000

fracture of both legs (with continuing disability)

Lower limbs (heel bone)

246

10 000

fracture of 1 foot (full recovery)

247

20 000

fracture of 1 foot (with continuing disability)

248

30 000

fracture of both feet (full recovery)

249

40 000

fracture of both feet (with continuing disability)

Lower limbs (knees)

250

8 000

injury requiring arthroscopy (investigative surgery/repair)—no fracture

Lower limbs (leg)

251

75 000

loss of leg below knee

252

75 000

loss of leg above knee

253

75 000

loss of both legs

Lower limbs (metatarsal bones)

254

10 000

fracture of 1 foot (full recovery)

255

30 000

fracture of 1 foot (with continuing disability)

256

20 000

fracture of both feet (full recovery)

257

60 000

fracture of both feet (with continuing disability)

Lower limbs (patella)

258

4 000

dislocation of knee cap (full recovery)

259

30 000

dislocation of knee cap (with continuing disability)

260

8 000

dislocation of both knee caps (full recovery)

261

70 000

dislocation of both knee caps (with continuing disability)

262

30 000

fracture of knee cap (full recovery)

263

40 000

fracture of knee cap (with continuing disability)

264

60 000

fracture of both knee caps (full recovery)

265

75 000

fracture of both knee caps (with continuing disability)

Lower limbs (tarsal bones)

266

10 000

fracture of 1 foot (full recovery)

267

30 000

fracture of 1 foot (with continuing disability)

268

20 000

fracture of both feet (full recovery)

269

60 000

fracture of both feet (with continuing disability)

Lower limbs (tendons or ligaments)

270

4 000

minor damage (full recovery)

271

12 000

minor damage (with continuing disability)

272

8 000

moderate damage (full recovery)

273

20 000

moderate damage (with continuing disability)

274

12 000

severe damage (full recovery)

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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.

Item

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

Assessment

1

0

nil

Able to sustain any usual activities.

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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.

Item

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

Assessment

1

0

nil

No effects.

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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

No.

Column 1

Rating

Column 2

Amount ($)

Column 3

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.