Legislation Update: Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Act 2012 (Commonwealth)

The Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Act 2012, assented by the Commonwealth parliament in July of 2012, has commenced as of 23 January 2013. The Act amends the Social Security Act 1991 and other acts to "establish a framework for the provision of financial assistance for Australians who are injured overseas as a result of terrorist acts and for close family members of Australians who are killed overseas as a result of terorrist acts."

Eligible Australians can claim payments of up to $75,000. This applies to both travellers who are injured as a result of a terrorist act ('primary victims'), and the close family of travellers who are killed ('secondary victims'). Primary victims have two years to lodge their claims, to allow for their injuries to stablise; secondary victims must lodge within 12 months. A person who is injured and who also loses a close family member would potentially be eligible for two payments. 

For primary victims, determining the amount to by paid involves the consideration of the nature of the injury, the impact of the terrorist act on the victim’s life, as well as any reduction because the primary victim received financial assistance from a foreign country in relation to the same incident or because of the circumstances in which the injury was incurred.    The scheme is designed to "acknowledge the special and tragic nature of terrorism," and should provide a welcome safety net for overseas travellers who might find themselves facing extreme financial hardship in the face of a terrorist attack.    To keep up to date with the latest Australian legislation and case developments try our Case Law,  LawTracker and LawOne services.