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This is a Bill, not an Act. For current law, see the Acts databases.


SOCIAL SECURITY AMENDMENT (SUPPORTING AUSTRALIAN VICTIMS OF TERRORISM OVERSEAS) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Amendment (Supporting
Australian Victims of Terrorism
Overseas) Bill 2011
No. , 2011
(Attorney-General)
A Bill for an Act to provide support for Australian
victims of terrorist acts occurring overseas, and for
related purposes
i Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
10
Part 2--Other amendments
13
A New Tax System (Family Assistance) Act 1999
13
Health and Other Services (Compensation) Act 1995
13
Income Tax Assessment Act 1997
13
Safety, Rehabilitation and Compensation Act 1988
13
Social Security Act 1991
14
Social Security (Administration) Act 1999
14
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 1
A Bill for an Act to provide support for Australian
1
victims of terrorist acts occurring overseas, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security Amendment
6
(Supporting Australian Victims of Terrorism Overseas) Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Main amendments Part 1
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 23(1)
4
Insert:
5
Australian Victim of Terrorism Overseas Payment or AVTOP
6
means a payment under Part 2.24AA.
7
2 Subsection 23(1)
8
Insert:
9
AVTOP: see Australian Victim of Terrorism Overseas Payment.
10
3 Subsection 23(1)
11
Insert:
12
AVTOP Principles means the AVTOP Principles made by the
13
Minister under section 1061PAF.
14
4 Subsection 23(1)
15
Insert:
16
close family member has the meaning given by subsection
17
1061PAA(4).
18
5 Subsection 23(1)
19
Insert:
20
declared overseas terrorist act means a terrorist act in respect of
21
which there is a declaration under subsection 35B(1).
22
6 Subsection 23(1)
23
Insert:
24
primary victim of a declared overseas terrorist act has the meaning
25
given by subsection 1061PAA(2).
26
Schedule 1 Amendments
Part 1 Main amendments
4 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
7 Subsection 23(1)
1
Insert:
2
secondary victim of a declared overseas terrorist act has the
3
meaning given by subsection 1061PAA(3).
4
8 Subsection 23(1)
5
Insert:
6
terrorist act has the same meaning as in subsection 100.1(1) of the
7
Criminal Code.
8
9 After section 35A
9
Insert:
10
35B Declared overseas terrorist act
11
(1) The Prime Minister may, by legislative instrument, declare that a
12
terrorist act that occurs outside Australia is a declared overseas
13
terrorist act.
14
(2) If the Prime Minister makes a declaration under subsection (1),
15
then the Minister is taken to have made a determination under
16
subsection 36(1) that the terrorist act is a major disaster.
17
10 At the end of subsection 36(1)
18
Add:
19
Note:
If the Prime Minister makes a declaration under subsection 35B(1)
20
that a terrorist act is a declared overseas terrorist act, the Minister is
21
taken to have made a determination under subsection (1) of this
22
section that the terrorist act is a major disaster (see subsection
23
35B(2)).
24
11 After Part 2.24
25
Insert:
26
Amendments Schedule 1
Main amendments Part 1
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 5
Part 2.24AA--Australian Victim of Terrorism
1
Overseas Payment
2
Division 1--Qualification for Australian Victim of
3
Terrorism Overseas Payment
4
1061PAA Qualification for Australian Victim of Terrorism
5
Overseas Payment
6
Qualification for AVTOP
7
(1) A person is qualified for an Australian Victim of Terrorism
8
Overseas Payment if:
9
(a) the person is a primary victim or a secondary victim of a
10
declared overseas terrorist act; and
11
(b) the person and the person's close family members were not
12
involved in the commission of the terrorist act; and
13
(c)
the
person:
14
(i) is an Australian resident on the day the terrorist act
15
occurred; or
16
(ii) is covered by a determination under subsection (6).
17
Note:
For declared overseas terrorist act see section 35B.
18
Meaning of primary victim
19
(2) A person is a primary victim of a declared overseas terrorist act if
20
the person:
21
(a) was in the place where the terrorist act occurred; and
22
(b) was harmed (within the meaning of the Criminal Code) as a
23
direct result of the terrorist act.
24
Meaning of secondary victim
25
(3) A person is a secondary victim of a declared overseas terrorist act
26
if the person is a close family member of a person who:
27
(a) was in the place where the terrorist act occurred; and
28
(b) died, before the end of 2 years starting on the day the terrorist
29
act occurred, as a direct result of the terrorist act.
30
Schedule 1 Amendments
Part 1 Main amendments
6 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
Meaning of close family members
1
(4) The following are a person's close family members:
2
(a) the person's partner;
3
(b) the person's child;
4
(c) the person's parent;
5
(d) the person's sibling;
6
(e) the person's legal guardian.
7
Meaning of involved
8
(5) A person was involved in the commission of a declared overseas
9
terrorist act if the person:
10
(a) aided, abetted, counselled or procured the terrorist act; or
11
(b) induced the terrorist act, whether through threats or promises
12
or otherwise; or
13
(c) was in any way (directly or indirectly) knowingly concerned
14
in, or a party to, the terrorist act; or
15
(d) conspired with others to effect the terrorist act.
16
Ministerial determination
17
(6) The Minister may, by legislative instrument, determine a specified
18
class of persons for the purposes of subparagraph (1)(c)(ii).
19
1061PAB Whether a person can be qualified for more than one
20
AVTOP in relation to the same terrorist act
21
Only one AVTOP for primary victim as primary victim
22
(1) A person cannot be qualified as a primary victim for more than one
23
AVTOP in relation to the same declared overseas terrorist act.
24
Only one AVTOP for secondary victims for same family member
25
(2) A person cannot be qualified as a secondary victim for more than
26
one AVTOP in relation to the same close family member.
27
When victims can qualify for more than one AVTOP
28
(3) A person can be qualified for more than one AVTOP in relation to
29
the same declared overseas terrorist act if the person:
30
Amendments Schedule 1
Main amendments Part 1
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 7
(a) is a primary victim and a secondary victim of the terrorist act
1
(whether as a secondary victim in relation to one, or more
2
than one, close family member); or
3
(b) is a secondary victim of the terrorist act in relation to more
4
than one close family member.
5
Division 2--Payability of Australian Victim of Terrorism
6
Overseas Payment to secondary victims
7
1061PAC When AVTOP for secondary victims is not payable
8
If:
9
(a) a person makes a claim for an AVTOP as a secondary victim
10
in relation to a close family member who has died as a direct
11
result of a declared overseas terrorist act; and
12
(b)
either:
13
(i) before the claim was made, one or more persons were
14
granted an AVTOP as secondary victims in relation to
15
the close family member; or
16
(ii) the Secretary had notified the person under subsection
17
35B(2) of the Administration Act of the person's
18
entitlement to make a claim, but the person did not
19
make the claim before the day specified in the notice;
20
then the AVTOP is not payable to the person.
21
Division 3--Amount of Australian Victim of Terrorism
22
Overseas Payment
23
1061PAD Amount of AVTOP for a primary victim
24
(1) The Secretary must determine the amount of an AVTOP payable to
25
a person who is a primary victim of a declared overseas terrorist
26
act.
27
(2) The determination must be made in accordance with subsection (3)
28
and the AVTOP Principles under section 1061PAF.
29
(3) The amount must not exceed $75,000.
30
Schedule 1 Amendments
Part 1 Main amendments
8 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
1061PAE Amount of AVTOP for a secondary victim
1
Secretary to determine amount of AVTOP
2
(1) The Secretary must determine the amount of an AVTOP (the
3
relevant AVTOP) payable to a person who is a secondary victim in
4
relation to a close family member who has died as a direct result of
5
a declared overseas terrorist act.
6
(2) The determination must be made in accordance with
7
subsections (3) to (5) and the AVTOP Principles under
8
section 1061PAF.
9
(3) The amount must not exceed $75,000.
10
Limit on total payments in relation to close family member
11
(4) If the person is not the only secondary victim who has made a
12
claim as a secondary victim in relation to the close family member,
13
then, when working out the amount of the relevant AVTOP, the
14
Secretary must ensure that the sum of all the AVTOPs (including
15
the relevant AVTOP) that are paid in relation to the close family
16
member does not exceed $75,000.
17
Limit on total payments to secondary victim
18
(5)
If:
19
(a) the person is also a secondary victim of the terrorist act in
20
relation to one or more other close family members; and
21
(b) an AVTOP has been paid to the person in relation to any of
22
those other family members;
23
then, when working out the amount of the relevant AVTOP, the
24
Secretary must ensure that the sum of all the AVTOPs (including
25
the relevant AVTOP) that are paid to the person as a secondary
26
victim of the terrorist act does not exceed $75,000.
27
1061PAF AVTOP Principles
28
(1) The Minister must, by legislative instrument, determine the
29
principles (the AVTOP Principles) to be applied for the purposes
30
of determining the amount of an AVTOP payable to a person in
31
relation to a declared overseas terrorist act.
32
Amendments Schedule 1
Main amendments Part 1
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 9
(2) Without limiting subsection (1), the AVTOP Principles may
1
provide that the following factors are to be taken into account
2
when determining the amount of the payment:
3
(a) for a primary victim:
4
(i) the nature of the injury or disease suffered as a direct
5
result of the terrorist act; and
6
(ii) the duration of the injury or disease; and
7
(iii) the impact of the injury or disease on the person's
8
bodily and mental functions; and
9
(iv) the impact of the injury or disease on the person's life;
10
and
11
(v) the likelihood of the person suffering future loss, injury
12
or disease as a direct result of the terrorist act; and
13
(vi) the circumstances in which the injury or disease was
14
incurred; and
15
(vii) whether the person was directed by an official of
16
Australia or a foreign country not to go to the place
17
where the terrorist act occurred;
18
(b) for a secondary victim in relation to a close family member
19
who has died:
20
(i) whether the person was dependant on the close family
21
member; and
22
(ii) the nature of the relationship between the person and the
23
close family member; and
24
(iii) the circumstances in which the close family member
25
died; and
26
(iv) whether the close family member was directed by an
27
official of Australia or a foreign country not to go to the
28
place where the terrorist act occurred; and
29
(v) whether there are other persons who have made a claim
30
for an AVTOP as a secondary victim in relation to the
31
close family member; and
32
(vi) if there are such other secondary victims and the person
33
and each of the other secondary victims agree on the
34
amount of the AVTOP that each should be paid--that
35
agreement; and
36
(vii) if there are such other secondary victims and the person
37
and each of the other secondary victims have not agreed
38
on the amount of the AVTOP that each should be
39
Schedule 1 Amendments
Part 1 Main amendments
10 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
paid--whether the person has also made a claim as a
1
secondary victim of the terrorist act in relation to
2
another close family member;
3
(c) for a primary victim or a secondary victim:
4
(i) whether there was travel advice on an Australian
5
government website advising against travelling to the
6
foreign country, region or place where the terrorist act
7
occurred; and
8
(ii) whether the person has been paid or is likely to be paid
9
an amount by the Commonwealth, a State, a Territory, a
10
foreign country or any other person or entity in relation
11
to the terrorist act.
12
1061PAG Consultation on the AVTOP Principles
13
(1) Before determining the AVTOP Principles under section 1061PAF,
14
the Minister must consult with representatives of the following
15
groups (the consultation groups):
16
(a) victims of overseas terrorist acts and their families;
17
(b) community or welfare organisations;
18
(c)
health
professionals;
19
(d) international humanitarian agencies;
20
(e) any other persons the Minister considers appropriate to
21
consult.
22
(2) The Minister must also consult representatives of the consultation
23
groups each year after the year in which the AVTOP Principles
24
commence.
25
(3) A failure to consult as required by this section does not affect the
26
validity of the AVTOP Principles.
27
Social Security (Administration) Act 1999
28
12 After Subdivision FA of Division 1 of Part 3
29
Insert:
30
Amendments Schedule 1
Main amendments Part 1
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 11
Subdivision FB--Time limit for claims for AVTOP
1
27B Time limit for claims for AVTOP
2
(1) A claim for an AVTOP by a primary victim of a declared overseas
3
terrorist act must be lodged within 2 years after the day the
4
declaration is made under subsection 35B(1) of the 1991 Act.
5
(2) A claim for an AVTOP by a secondary victim of a declared
6
overseas terrorist act must be lodged within 12 months after the
7
day the close family member to whom the claim relates died.
8
(3) However, a claim may be lodged after the period referred to in
9
subsection (1) or (2) if the Secretary is satisfied that:
10
(a) there are special circumstances applying to the person's
11
claim that justify a late lodgment; and
12
(b) the claim is lodged within a reasonable period having regard
13
to those circumstances.
14
13 At the end of Subdivision J of Division 1 of Part 3
15
Add:
16
35B Secondary victim claims for AVTOP
17
(1) If a person makes a claim for an AVTOP as a secondary victim in
18
relation to a close family member who has died, the Secretary must
19
make reasonable inquiries as to whether there are other persons (a
20
potential claimant) who may also qualify for an AVTOP as a
21
secondary victim in relation to the same close family member.
22
(2) If the Secretary considers there are potential claimants, the
23
Secretary must give each of them a written notice stating that:
24
(a) he or she may make a claim for an AVTOP as a secondary
25
victim in relation to the close family member; and
26
(b) he or she must make a claim before the day (the claim due
27
day) specified in the notice; and
28
(c) if he or she fails to make a claim by the claim due day, an
29
AVTOP in relation to the close family member will not be
30
payable to him or her.
31
(3) The claim due day must be at least 30 days after the day the notice
32
is given to the potential claimant.
33
Schedule 1 Amendments
Part 1 Main amendments
12 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
(4) If the Secretary is satisfied that it is appropriate to do so, the
1
Secretary may change the claim due day to a later day.
2
(5) If the Secretary changes the claim due day under subsection (4),
3
then:
4
(a) the Secretary must change the claim due day for each of the
5
potential claimants to the new claim day; and
6
(b) the Secretary must give each of the potential claimants a
7
written notice of the new claim due day; and
8
(c) the new claim due day is taken to be the day specified in the
9
notice under subsection (2) for the purposes of subparagraph
10
1061PAC(b)(ii) of the 1991 Act.
11
14 At the end of section 36
12
Add:
13
(3) If more than one person makes a claim for an AVTOP as a
14
secondary victim of a declared overseas terrorist act in relation to
15
the same close family member, the Secretary must determine the
16
claims at the same time.
17
18
Amendments Schedule 1
Other amendments Part 2
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 13
Part 2--Other amendments
1
A New Tax System (Family Assistance) Act 1999
2
15 After paragraph 7(c) of Schedule 3
3
Insert:
4
(ca) an Australian Victim of Terrorism Overseas Payment under
5
Part 2.24AA of the Social Security Act 1991;
6
Health and Other Services (Compensation) Act 1995
7
16 After paragraph 4(2)(b)
8
Insert:
9
(ba) a payment of an Australian Victim of Terrorism Overseas
10
Payment under Part 2.24AA of the Social Security Act 1991;
11
or
12
Income Tax Assessment Act 1997
13
17 After subsection 52-10(1J)
14
Insert:
15
(1K) Australian Victim of Terrorism Overseas Payment under
16
Part 2.24AA the Social Security Act 1991 is exempt from income
17
tax.
18
18 Section 52-40 (after table item 2AA)
19
Insert:
20
2AB Australian
Victim of
Terrorism
Overseas
Payment
Part 2.24AA
Not applicable
Not applicable
Safety, Rehabilitation and Compensation Act 1988
21
19 Subsection 48(9)
22
Repeal the subsection, substitute:
23
Schedule 1 Amendments
Part 2 Other amendments
14 Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill
2011 No. , 2011
(9) In this section, damages does not include the following:
1
(a) an amount of damages paid to the Commonwealth in
2
accordance with section 76 of the Veterans' Entitlements Act
3
1986;
4
(b) an Australian Victim of Terrorism Overseas Payment under
5
Part 2.24AA of the Social Security Act 1991.
6
Social Security Act 1991
7
20 Subsection 14A(1) (after paragraph (da) of the definition of
8
liquid assets)
9
Insert:
10
(db) an amount of an AVTOP that the person received, if the
11
Secretary is satisfied that the length of time since receiving
12
the payment is still reasonable in the circumstances; or
13
21 Section 19B (after paragraph (g) of the definition of liquid
14
assets)
15
Insert:
16
; or (h) an amount of an AVTOP that the person received, if the
17
Secretary is satisfied that the length of time since receiving
18
the payment is still reasonable in the circumstances.
19
22 Subsection 23(1)
20
Insert:
21
involved in the commission of a declared overseas terrorist act has
22
the meaning given by subsection 1061PAA(5).
23
Social Security (Administration) Act 1999
24
23 At the end of subsection 16(6)
25
Add:
26
; or (c) claims for AVTOP.
27
24 After subsection 31(1)
28
Insert:
29
(1A) Section 29 does not apply to a claim for an AVTOP.
30
Amendments Schedule 1
Other amendments Part 2
Social Security Amendment (Supporting Australian Victims of Terrorism Overseas) Bill 2011
No. , 2011 15
25 Subsection 36(1)
1
Omit "subsection (2)", substitute "this section".
2
26 After section 46A
3
Insert:
4
46B Payment of AVTOP
5
(1) Unless the Secretary makes a determination under subsection (2), a
6
person's AVTOP is to be paid in accordance with section 47.
7
(2) If the Secretary considers that it is appropriate for a person's
8
AVTOP to be paid by instalments, the Secretary may determine
9
that the person's AVTOP is to be so paid.
10
27 Subsection 47(1) (after paragraph (aa) of the definition of
11
lump sum benefit)
12
Insert:
13
(aaa) AVTOP, except where the Secretary has made a
14
determination under subsection 46B(2); or
15

 


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