Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta

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Legislation au F2013L01830 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta

The Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta (the Declaration) is made under subsection 35B(1) of the Social Security Act 1991 (the Act) by the Prime Minister.  

Background

Part 2.24AA of the Social Security Act 1991 provides a scheme for financial assistance to Australians who are victims of a declared overseas terrorist act.  Victims are Australians who are harmed as a direct result of the declared overseas terrorist act or who are the close family member of a person who dies as a direct result of a declared overseas terrorist act.

The Act enables the Prime Minister to declare that an overseas terrorist incident is one to which the scheme applies.  Australians who are harmed as a direct result of such an incident will be able to claim financial assistance of up to $75,000.  In addition, Australians who are the close family member of a person who dies as a direct result of such an incident will be able to claim financial assistance of up to $75,000.  

Purpose

The Declaration triggers the application of the scheme to a specific overseas terrorist act set out in this Declaration. 

Explanation and effect of provisions

Section 1 ‑ Name of Declaration

Section 1 sets out the title of the Declaration as the Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta.

Section 2 – Commencement

Section 2 provides that the Declaration commences on the day after it is registered.

Section 3 – Definitions

Section 3 sets out the interpretive provisions that are relevant to the Declaration as follows:

  • Act means the Social Security Act 1991.
  • terrorist act has the same meaning it has in subsection 100.1(1) of the Criminal Code.

Section 4 – Declared overseas terrorist act

Section 4 provides that the bombing at the Australian Embassy, JL. H.R. Rasuna Said Kav. C 15-16, South Jakarta 12940, Indonesia on 9 September 2004 is a declared overseas terrorist act for the purpose of subsection 35B(1).

Human rights implications of the Declaration

This declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Declaration activates the AVTOP scheme to apply to Australian victims of the bombing at the Australian Embassy, JL. H.R. Rasuna Said Kav. C 15-16, South Jakarta 12940, Indonesia on 9 September 2004.

The Declaration promotes the economic and social rights of victims of terrorism and members of their families, specifically their rights to:

  • social security (Article 9, International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • an adequate standard of living (Article 11, ICESCR)
  • health (Article 12, ICESCR)
  • family life (Article 10, ICESCR), and
  • rights of persons with a disability under the Convention on the Rights of Persons with Disabilities (CRPD), particularly:
    • Article 25 – the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability, and
    • Article 26 - effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life.

Terrorist attacks impose a heavy burden on victims and their families. In some cases, this burden will endure for life. Primary victims of declared overseas terrorist acts may:

  • lose their life
  • require medical treatment
  • require ongoing domestic care and assistance
  • lose some or all of their capacity to work and earn income, and
  • experience mental health problems.

Secondary victims of declared overseas terrorist acts may:

  • lose some or all of their family members, and
  • experience a loss of support that they received from their family member.

Right to social security

Article 9 of ICESCR requires that States establish a social security system and, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.

This declaration promotes the rights of people who are primary and secondary victims of the declared overseas terrorist act in a number of ways.  The declaration enables victims to access their right to social security.  The payments to Australians who have been harmed in the declared overseas terrorist act are awarded on a sliding scale.  A larger payment is awarded to victims who experience injuries that are more significant or the loss of a close family member because of the act.  For example, a person who loses both legs is eligible for a payment of $75,000 whereas a person who has fractured their toes would only be entitled to $6,000.  AVTOP is not intended to replace other forms of government assistance.

On this basis, the declaration promotes the right to social security.

Right to health

Article 12 of ICESCR provides the right to the enjoyment of the highest attainable standard of physical and mental health.  The scheme awards a larger payment to victims who suffer serious injuries.  These types of injuries require extensive medical treatment and/or domestic care and assistance.  The scheme will promote the right to health by providing money which can be used in any way by the recipient including for medical expenses. 

The amount paid to the victim will depend on a range of factors including:

  • the nature of the victim’s injuries
  • the impact of the terrorist act on the victim’s life
  • if, and to what extent, the victim contributed to their injuries, and
  • if, and to what extent, the victim received financial assistance from a foreign country for the injury arising from the terrorist act.

On this basis, the declaration promotes the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Right to family life

The Declaration promotes the victim’s right to family life. The family is the fundamental and natural unit of society and requires the full protection of the state.  Human rights law upholds the positive right of all peoples to marry and found a family. The scheme awards payment to secondary victims who have a close family relationship with the deceased person.  This makes a contribution to preserving the integrity of the family unit during a difficult time.  The scheme gives priority of payment to a deceased person’s partner and child, followed by their parent, then sibling.

On this basis, the declaration promotes the right of protection of and assistance to the family. 

Conclusion

The Declaration is compatible with human rights because it promotes the protection of human rights.

Consultation

Consultation on this Declaration was undertaken with key stakeholders.  In particular consultation was undertaken with:

  • Attorney-General’s Department
  • Department of Human Services and
  • Department of Foreign Affairs and Trade.

 

Overview

The Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta was enacted by the Prime Minister under subsection 35B(1) of the Social Security Act 1991 to address the issue of providing financial assistance to Australians who are victims of declared overseas terrorist acts. This Declaration specifically applies to the terrorist incident that occurred at the Australian Embassy in Jakarta on 9 September 2004. The policy objective is to promote the economic and social rights of victims and their families, ensuring they receive support that aligns with international human rights standards, such as those outlined in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Declaration ensures that affected Australians can claim financial assistance of up to $75,000, facilitating their right to social security, health, and family life, while being compatible with human rights as recognised in international instruments.

Scope and Application

The Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta is made under the Social Security Act 1991 and enables the Prime Minister to declare a specific overseas terrorist incident, thereby triggering the application of a financial assistance scheme for Australians who are victims of the declared act. The Declaration applies to the bombing at the Australian Embassy in Jakarta on 9 September 2004, which is recognised as a declared overseas terrorist act. The scheme provides financial assistance of up to $75,000 for Australians who are harmed as a direct result of the incident or for close family members of those who died as a result of it. The scheme is designed to support victims in accessing social security, health care, and other essential services, thereby promoting their economic and social rights as recognised under international human rights instruments. The Declaration ensures that the scheme complies with human rights and freedoms, providing a means for victims to claim compensation that aligns with their rights under the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities.

Key Provisions

The Social Security (Declared Overseas Terrorist Act) Declaration 2013 – Jakarta, made under section 35B(1) of the Social Security Act 1991 (the Act), declares the bombing at the Australian Embassy in South Jakarta on 9 September 2004 as a declared overseas terrorist act (section 4). This declaration activates the financial assistance scheme under Part 2.24AA of the Act for victims of the attack, allowing Australians who were harmed or are close family members of deceased victims to claim up to $75,000 in financial assistance. The Declaration commences on the day after it is registered (section 2). It incorporates definitions from the Criminal Code and the Social Security Act 1991 to ensure clarity and consistency in its application. The Act imposes several obligations on the parties it governs. Primarily, it requires the Prime Minister to make a declaration identifying specific overseas terrorist incidents that trigger the application of the financial assistance scheme (section 35B(1)). Additionally, it mandates the Department of Human Services to administer the payments to eligible victims, ensuring that they receive the appropriate level of financial support based on the nature and impact of their injuries or losses (section 35B(3)). The Act also requires victims to provide necessary documentation to substantiate their claims, such as medical reports or identification of the deceased person's relationship to them. Failure to comply with the requirements set forth in the Act can result in civil or criminal penalties. While specific penalties are not detailed in the Declaration, breaches of the Social Security Act 1991 generally can incur substantial fines and, in some cases, imprisonment. The severity of penalties depends on the nature and extent of the breach, with maximum penalties varying based on the specific provision violated. For instance, providing false or misleading information to obtain financial assistance could lead to fines of up to $22,200 and/or imprisonment for up to five years under the relevant sections of the Act. Additionally, individuals found guilty of serious breaches may face more severe consequences, including higher fines and longer imprisonment terms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.