Secondary victim scenarios for the Australian Victim of Terrorism Overseas Payment
Examples of how we apportion the Australian Victim of Terrorism Overseas Payment.
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 – We can pay Sarah the full $75,000 as Sarah and Joel didn't have any children.
Case Study 2 – Jordan and Shannon are 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 AVTOP.
Outcome – As Jordan was Shannon’s partner at the time of the terrorist act, we can pay Jordan the full $75,000 as they didn’t have any children.
Example 2: A partner, and a child or children have made a claim
Case Study 1 – Paul and Emily are a couple with 2 children. Paul died as a result of a declared terrorist act. Paul’s wife Emily and their 2 children made a claim.
Outcome – Emily got $37,500, being half of the available AVTOP. We divided the other $37,500 equally between the 2 children with them getting $18,750 each.
Case Study 2 – Matthew, Melissa and their only child Rebekah were travelling through Egypt when the 2006 Egypt bombings occurred. Matthew dies as a result of the bombing. Years had passed and Melissa now has a new partner.
The government declared this a terrorist act and Matthew’s parents made a claim. Matthew was partnered to Melissa at the time of the terrorist act and they had a child Rebekah. As a result, we sent an invitation to claim 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, we divided the $75,000 AVTOP equally between Melissa and Rebekah with each getting $37,500. Matthew’s parents aren’t eligible for a payment, 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 – Married couple Nathan and Mary have 3 children. Both Nathan and Mary died as a result of a declared terrorist act but their children survived. All 3 children made a claim for each parent.
Outcome – We divided the $150,000 ($75,000 for each deceased parent) equally between the 3 children, with them getting $50,000 each.
Case Study 2 – Married couple Jason and Susan have 1 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 get a maximum AVTOP of $75,000 for any deceased close family members for the same terrorist act. Erica got $37,500 for each claim - a total of $75,000. This means we can divide a further $37,500 for each deceased person. 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, we divided the $75,000 equally between John’s parents with them each getting $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. We sent an invitation to claim to Stephanie’s parents following Jake and Emma’s claims. Stephanie’s parents didn’t want to claim.
Outcome – We divided the $75,000 AVTOP equally between Stephanie’s siblings Jake and Emma with them each getting $37,500.
Case Study 2 – Michelle died as a result of a declared terrorist act. Michelle didn’t have a partner or children. Michelle’s sister Kate, submitted an AVTOP claim. However, we also invited Michelle’s parents to claim as parents are higher on the apportionment table than siblings. Michelle’s parents both submitted AVTOP claims.
Outcome – We divided the $75,000 AVTOP equally between Michelle’s parents with them each getting $37,500. Even though Kate is a close family member we can’t give her 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 died as a result of the US September 11 attacks. Alice and Sam both submitted a claim for AVTOP. Alice got AUD$100,000 compensation from the US Government for the death of her husband. This wasn’t for economic loss.
Outcome – Where a person is eligible for an AVTOP but gets a payment from a foreign country, excluding payment for economic loss, we deduct this from the AVTOP before we pay it. As Alice got $100,000 compensation for the loss of her husband, when we deducted this from the maximum payment amount of $75,000, there was nothing remaining and we couldn’t pay Alice or Sam.
Case Study 2 – Mark was in Mumbai for business in 2008 when a terrorist act occurred, and he died as a result of the attack. He left behind a wife, Jane, and 2 children in Australia. The Indian government made a payment of AUD$55,000 to Jane to acknowledge Mark’s death. They paid $30,000 of this for economic loss.
Outcome - We deducted $25,000 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 got $25,000 as Mark’s partner, and the 2 children got $12,500 each.