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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
ASSISTING VICTIMS OF OVERSEAS TERRORISM BILL 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator George Brandis, SC)
Assisting Victims of Overseas Terrorism Bill 2012
General Outline
1. The Bill proposes the establishment of a framework to facilitate financial assistance for
Australians killed or injured, or their next of kin, as a result of international terrorist acts.
2. The framework is to be administered by the Attorney-General's Department and is to provide
for eligibility criteria for claimants for financial assistance. Financial assistance must be
available to those who suffer, or have suffered, injury requiring hospitalisation as a result of
an international terrorist act and to the next of kin of those whose death is caused as a result of
such an act.
3. In administering the framework, the Attorney-General must regularly consult with
representatives of victims and their families, community or welfare organisations, health
professionals, international humanitarian agencies and any other relevant bodies. Individual
payments are capped at $75,000, which is in line with State and Territory victims of crime
regimes.
4. The purpose of the Bill is to acknowledge the tragedy of Australians killed or injured overseas
as a result of terrorism. There is no need to extend the reach of the Act to those killed or
injured as a result of domestic terrorism because State and Territory victims of crime
legislation will apply.
Financial Impact
5. This Bill proposes a maximum payment of $75,000 to be paid to Australian victims of
overseas acts of terrorism. The proposed payment would be modelled on State and Territory
victim of crimes schemes. Payment would be on a sliding scale with more serious injuries
receiving a higher payout.
6. Over the past decade about 300 Australians have been killed or injured in acts of terrorism
overseas. This is an average of 30 per year. Using the average of 30 victims per year
receiving the maximum payment of $75,000, estimated costs would be $2.25 million per
annum. Administrative costs could be absorbed by the Department that would administer the
scheme.
7. The unpredictability of terrorism acts means that the cost of this scheme will not be regular.
Funding for this scheme can come out of the Contingency Reserve, which allows for
provision for unexpected events and pressures that may affect the budget.
Notes on clauses
Clause 1 - Short title
This clause provides for the Bill to be cited as the Assisting Victims of Overseas Terrorism Act 2012.
Clause 2 - Commencement
This clause provides that the Act commences on the day on which it receives the Royal Assent.
Clause 3 - Objects
This clause describes the objects of the Act. The objects are to acknowledge Australians who are
killed or injured overseas as a result of a terrorist act by establishing a compensatory framework for
victims or their next of kin.
Clause 4 - Interpretation
The references to the Minister, the framework and the Secretary in the Act are defined by this clause.
Clause 5 - Assisting Australian Victims of Overseas Terrorist Acts Framework
This clause formally establishes the framework.
Clause 6 - Guidelines for the framework
This clause provides for the Attorney-General to determine guidelines for the operation of the
framework, which must include the eligibility requirements in respect of a claim for compensation.
Clause 7 - Priorities for assistance
This clause provides that guidelines prepared pursuant to clause 6 must ensure that financial
assistance is provided to those who suffer injuries requiring hospitalisation or to the next of kin of
those killed by a terrorist act which is committed outside Australia.
Clause 8 - Consultation
This clause requires the Attorney-General to consult with listed classes of representatives, both in the
course of preparing the guidelines and twice a year thereafter.
Clause 9 - Responsibility of Minister
This clause specifies that the Attorney-General has general responsibility for the operation of the
framework and, in particular for the determination of the guidelines or any replacement of them that
may be necessary so that the coverage of the framework remains in place once established.
Clause 10 - Secretary to have responsibility for administration of the framework
This clause provides for the responsibility of the Secretary of the Attorney-General's Department for
the administration of the framework.
Clause 11 - Payment not to be recommended unless in accordance with the guidelines
The purpose of this clause is to place a ceiling of $75,000 on claims under the framework and to
stipulate that compliance with the guidelines is a precondition for any payment.
Clause 12 - Principles of administration
This clause makes the Secretary responsible for ensuring compliance with the guidelines, providing
the necessary information about the framework to the public and preventing abuse of the scheme.
Clause 13 - Appropriation
This clause provides for payments under the framework to be paid out of money appropriated by the
Parliament.
Clause 14 - Regulations
This clause provides for the making of regulations required elsewhere in the Act or necessary for its
administration.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Assisting Victims of Overseas Terrorism Bill 2012
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Bill proposes the establishment of a framework to facilitate financial assistance for
Australians killed or injured, or their next of kin, as a result of international terrorist acts.
The framework is to be administered by the Attorney-General's Department and is to
provide for eligibility criteria for claimants for financial assistance. Financial assistance
must be available to those who suffer, or have suffered, injury requiring hospitalisation as a
result of an international terrorist act and to the next of kin of those whose death is caused as
a result of such an act.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator the Hon George Brandis, SC
Shadow Attorney-General