Social Security (Australian Victim of Terrorism Overseas Payment Principles) Determination (LIN 23/059) 2023 (Cth)
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
1 Name........................................................................................................................................ 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Repeals..................................................................................................................................... 1
6 Schedules................................................................................................................................. 1
Part 2 Principles relating to primary victims 2
Division 2.1 General approach to determining AVTOP for primary victims 2
7 Determining amount of AVTOP.............................................................................................. 2
Division 2.2 Nature of primary victim’s injury 3
8 AVTOP payable for nature of the injury.................................................................................. 3
9 AVTOP payable for multiple injuries....................................................................................... 4
Division 2.3 Primary victim at least 16 years 4
10 Application of this Division................................................................................................... 4
11 Assessing effects of terrorist act on primary victim at least 16 years...................................... 5
12 Assessing the circumstances in which injury incurred to primary victim at least 16 years..... 5
Division 2.4 Primary victim under 16 years 7
13 Application of this Division................................................................................................... 7
14 Assessing effects of terrorist act on primary victim under 16 years....................................... 7
Part 3 Principles for secondary victims 9
15 Determining amount of AVTOP if death occurred................................................................. 9
16 Assessing the circumstances in which primary victim of at least 16 years died.................... 11
17 Apportioning payments among secondary victims............................................................... 12
Schedule 1—Injuries 14
Schedule 2—Effects calculator—at least 16 years 24
1 Personal relationships............................................................................................................. 24
2 Mobility.................................................................................................................................. 24
3 Recreational and community activities.................................................................................... 25
4 Domestic activities.................................................................................................................. 26
5 Employment activities............................................................................................................. 26
Schedule 3—Effects calculator—under 16 years 28
1 Sleeping habits....................................................................................................................... 28
2 Communication skills............................................................................................................. 28
3 Eating habits........................................................................................................................... 29
4 Toilet habits............................................................................................................................ 29
5 Mobility.................................................................................................................................. 30
6 Concerning or unusual behaviours......................................................................................... 30
7 Anxiety, fear or depression.................................................................................................... 30
8 Further medical requirements................................................................................................. 31
9 Hygiene and grooming skills.................................................................................................. 31
10 Learning or concentration..................................................................................................... 32
11 Social skills.......................................................................................................................... 32
12 Enjoyment or participation.................................................................................................... 33
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. |
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