Australian Victim of Terrorism Overseas Payment

Declaration Criteria

In deciding whether or not to declare an overseas incident as a terrorist act, a number of factors need to be taken into account. There may be factors both supporting and not supporting the making of a declaration. Criteria should be considered in their entirety rather than in isolation, with the decision made on balance, after taking each relevant factor into account. Consideration may also be given to other similar incidents previously declared for the purposes of the AVTOP scheme.

Factors in Support of Making a Declaration

  • The terrorist act targeted Australia or Australian interests or had a direct or indirect impact on Australia or Australians (adapted from the Explanatory Memorandum). This would include incidents that target Australians, Australian interests or Western interests more broadly. This could include, for example, an attack or kidnapping that targeted individuals because of known links to Australia.
  • A terrorist organisation has claimed responsibility for the terrorist act. This would include, for example, where a terrorist organisation or a member of a terrorist organisation claims responsibility for the attack via any media. Where the relevant terrorist organisation is listed under the Criminal Code or a United Nations Security Council Resolution, this would provide further support for making a declaration in relation to the attack.
  • The nature or extent of the terrorist act attracted broad media coverage and is of national significance (adapted from the Explanatory Memorandum). This reflects the fact that the purpose of terrorism is to terrorise the population and bring about change in peoples’ behaviour, out of concern for personal safety.
  • ASIO or a foreign security or intelligence agency has assessed that a terrorist organisation is responsible for the incident. This would include for example, where ASIO includes information about the incident in the public Statement of Reasons used to support the listing of a terrorist organisation under the Criminal Code, or where a foreign organisation publicly announces that terrorists are responsible for the attack. Again, where the relevant organisation is listed under the Criminal Code or a United Nations Security Council Resolution, this would provide further support for making a declaration in relation to the attack.

Factors that Do Not Support Declaration

  • The event is of such a kind that it is not appropriate in the circumstances for the scheme to apply (adapted from the Explanatory Memorandum). This could include, for example, where an individual is in a location that is embroiled in civil war and none of the parties to the conflict are listed as a terrorist organisation in Australia.
  • The incident occurred in a ‘declared area’ (within the meaning in the Criminal Code) or an area in which Australian or Western forces are in conflict with a terrorist organisation. Australians are strongly discouraged from travelling to declared areas and other locations where terrorist organisations are engaged in hostile activities. Excluding incidents that occur at such locations is consistent with the purpose and spirit of the AVTOP scheme. Separate support mechanisms are available for Australian residents harmed or killed in such locations who are acting in the course of their duties as members of the Australian Federal Police or the Australian Defence Force.