Secondary Victim Scenarios

Secondary Victim Scenarios and examples

Example 1: A partner, and no child has made a claim

Case Study 1 – Sarah’s husband, Joel died as a result of a declared terrorist act. Sarah made a claim.

Outcome – Sarah is entitled to the full $75,000 as Sarah and Joel did not have any children.

Case Study 2 – Jordan and Shannon are members of a couple who travelled to London on holidays. Shannon died as a result of the 2005 London bombings, which is a declared terrorist act for the purposes of AVTOP.

Outcome – As Shannon’s partner at the time of the terrorist act, Jordan is entitled to the full $75,000 as they did not have any children.

Example 2: A partner, and a child or children have made a claim

Case Study 1 – Paul was killed as a result of a declared terrorist act. Paul’s wife Emily and their two children made a claim.

Outcome – Emily received $37,500, being half of the available AVTOP. The other $37,500 was shared equally between the two children with them receiving $18,750 each.

Case Study 2 – Matthew, Melissa and their only child Rebekah were travelling through Egypt when the 2006 Egypt bombings occurred. Matthew was killed as a result. Years had passed and Melissa now has a new partner.

The terrorist act was declared and Matthew’s parents made a claim. It was established that Matthew was partnered to Melissa at the time of the terrorist act and they had a child Rebekah. As a result, an invitation to claim was sent to Melissa and Rebekah. They both made a claim.

Outcome – Because Melissa was Matthew’s partner at the time of his death, despite having a new partner, the $75,000 AVTOP was shared equally between Melissa and Rebekah with each receiving $37,500. Matthew’s parents are not eligible to be paid, as Melissa and Rebekah are above them in the AVTOP Apportionment Table.

Example 3: A child or children, and no partner has made a claim

Case Study 1 – Nathan is married to Mary and has three children. Both Nathan and Mary died as a result of a declared terrorist act but their children survived. All three children made a claim for each parent. 

Outcome – The $150,000 ($75,000 for each deceased parent) was shared equally between the three children, with them receiving $50,000 each.

Case Study 2 – Jason is married to Susan and they have one child, Erica. Jason and Susan died as a result of a declared terrorist act. Erica applies for AVTOP for both parents.

Outcome – Erica is eligible to claim for each parent, however, due to AVTOP legislation, she can receive a maximum AVTOP of $75,000 for any deceased close family members for the same terrorist act. Erica receives $37,500 for each claim (a total of $75,000). This means a further $37,500 for each deceased person can be claimed. This can be apportioned between the next close family members according to the AVTOP Apportionment Table, that is, Jason and Susan’s parents.

Example 4: A parent or parents, and no partner or child has made a claim

Case Study – John died as a result of a declared terrorist act. John was single at the time of the terrorist act with no children. Both of John’s parents made a claim.

Outcome – As John did not have a partner or children the $75,000 was shared equally between John’s parents with them each receiving $37,500.

Example 5: A sibling or siblings, and no partner, parent or child has made a claim

Case Study 1 – Jake and Emma’s sister, Stephanie died as a result of a declared terrorist act. Jake and Emma made a claim. An invitation to claim was sent to Stephanie’s parents following Jake and Emma’s claims. Stephanie’s parents did not want to claim.

Outcome – The $75,000 AVTOP was shared equally between Stephanie’s siblings Jake and Emma with them each receiving $37,500.

Case Study 2 – Michelle died as a result of a declared terrorist act. Michelle did not have a partner or children. Michelle’s sister Kate, lodged an AVTOP claim. However, Michelle’s parents were also invited to claim as parents are higher on the apportionment table than siblings. Michelle’s parents both lodged AVTOP claims.

Outcome – The $75,000 AVTOP was shared equally between Michelle’s parents with them each receiving $37,500. Even though Kate is a close family member she is not entitled to receive any payment as Michelle’s parents are higher on the AVTOP Apportionment Table.

Example 6: Effect of Overseas Compensation

Case Study 1 – Alice, Joe and their only child Sam were on holidays in New York. During the holiday, Joe was killed as a result of the US September 11 attacks. Alice and Sam both lodged a claim for AVTOP. Alice received AUD$100,000 compensation from the US Government for the death of her husband. This was not for economic loss.

Outcome – Where a person is eligible for an AVTOP but receives a payment from a foreign country (excluding payment for economic loss) this is deducted from the AVTOP before it is paid. As Alice received $100,000 compensation for the loss of her husband, when this was deducted from the maximum payment amount of $75,000, there was nothing remaining and neither Alice nor Sam was able to be paid.

Case Study 2 – Mark was in Mumbai for business in 2008 when a terrorist act occurred, and died as a result of the attack. He left behind a wife, Jane, and two children in Australia. The Indian government made a payment of AUD$55,000 to Jane to acknowledge Mark’s death. $30,000 of this was paid for economic loss.

Outcome - $25,000 was deducted from the maximum AVTOP of $75,000 (the $30,000 paid for economic loss was exempt for the purposes of AVTOP). The remaining $50,000 was then apportioned according to the apportionment table, that is, Jane received $25,000 as Mark’s partner, and the two children received $12,500 each.

Page last updated: 25 January 2016