How secondary victims are paid

A secondary victim is a close family member of a person who died as a direct result of a declared overseas terrorist act.

Secondary victims can share a payment of up to $75,000. Payment cannot be made until all eligible close family members are identified and have been invited to submit a claim. You don’t have to wait to be invited, you can make a claim if you think you’re eligible.

If we invite a potential secondary victim to claim, they must do so in the specified time frame. Otherwise, they may not be considered for a share of the Australian Victim of Terrorism Overseas Payment (AVTOP).

How AVTOP is shared between secondary victims

Examples of how we allocate the AVTOP.

Jordan and Shannon were on an overseas holiday. Shannon died as a direct result of a declared overseas terrorist act.

Jordan was Shannon’s partner at the time of the terrorist act. Jordan makes a claim for AVTOP as a secondary victim and is eligible. According to the How AVTOP is shared for secondary victims table, Jordan gets the maximum $75,000 because there are no other eligible family members who can make a claim as a secondary victim.

Paul and Emily were married and on an overseas holiday with their 2 children. Paul died as a direct result of an overseas terrorist act. Years pass and Emily re-partners.

The overseas event is declared a terrorist act, and Paul’s parents claim.

Emily and their 2 children also make a claim.

Because Emily was Paul’s partner at the time of the terrorist act, Emily is eligible for AVTOP despite having a new partner. Emily gets $37,500. The remaining $37,500 is shared equally between the 2 children. Each child gets $18,750.

Paul’s parents aren’t eligible for AVTOP. This is because Emily and her children are above them in the How AVTOP is shared for secondary victims table.

Nathan and Mary were a married couple with 3 children. Both Nathan and Mary died as a direct result of a declared overseas terrorist act, but their children survived.

All 3 children make a claim for each parent.

The maximum amount of AVTOP that can be paid is $75,000 for each deceased parent. The $150,000 payment is shared equally between the 3 children according to the How AVTOP is shared for secondary victims table. Each child gets $50,000.

Jason and Susan were a married couple with one child, Erica. Jason and Susan died as a direct result of a declared overseas terrorist act.

Erica makes a claim for each parent. Erica can get a maximum AVTOP of $75,000 as a secondary victim of a single terrorist act.

Erica gets $37,500 for each claim, a total of $75,000.

The remaining $37,500 for each claim, a total of $75,000, is allocated to the next closest family members who are eligible for AVTOP as secondary victims according to the How AVTOP is shared for secondary victims table. They are Jason and Susan’s parents.

John died as a direct result of a declared overseas terrorist act. John was single at the time of the terrorist act, with no children.

Both of John’s parents make a claim for AVTOP and are eligible. As John had no partner or children, the $75,000 payment is shared equally between John’s parents according to the How AVTOP is shared for secondary victims table. Each parent gets $37,500.

Jake and Emma’s sister Stephanie died as a direct result of a declared overseas terrorist act.

Jake and Emma claim AVTOP. Stephanie’s parents decide not to claim.

Jake and Emma are eligible for AVTOP. The $75,000 payment is shared equally between the siblings according to the How AVTOP is shared for secondary victims table. Jake and Emma get $37,500 each.

Michelle died as a direct result of a declared overseas terrorist act. Michelle didn’t have a partner or children.

Michelle’s sister Kate submits an AVTOP claim.

Following Kate’s claim, Michelle’s parents both make a claim for AVTOP.

Kate and Michelle’s parents are eligible for AVTOP. The amount of $75,000 is shared equally between their parents. Each parent gets $37,500.

Even though Kate is a close family member, she doesn’t get a payment. This is because her parents are higher on the How AVTOP is shared for secondary victims table.

Mark was travelling overseas for business in 2008 when a terrorist attack occurred. Mark died as a direct result of the attack. He left behind a wife, Jane, and 2 children in Australia.

Jane is paid AUD$55,000 by a foreign government to acknowledge Mark’s death. This includes $25,000 for the loss of her husband, and $30,000 for financial loss.

The overseas event is declared a terrorist act.

Jane and their 2 children make a claim for AVTOP. They are eligible for the maximum $75,000.

A sum of $25,000 is deducted from the $75,000 for what Jane has been paid by a foreign government. The $30,000 that Jane has been paid for financial loss is exempt, and not deducted from AVTOP.

The remaining AVTOP of $50,000 is allocated according to the How AVTOP is shared for secondary victims table.

As Jane was Mark’s partner at the time of the terrorist act, Jane gets $25,000. The remaining $25,000 is shared equally with their 2 children. Each child gets $12,500.

Carlos was travelling overseas for business when they were injured as a direct result of a declared overseas terrorist act that occurred in 2020. Carlos made a claim for AVTOP as a primary victim and was paid $50,000 for their injuries.

In 2021, Carlos died because of the injuries they received in the 2020 terrorist act. Carlos’ partner Alex applied for AVTOP as a secondary victim.

Alex is eligible for the maximum amount of $75,000 AVTOP according to the How AVTOP is shared for secondary victims table. As Carlos had received $50,000 AVTOP as a primary victim before their death, $50,000 is deducted from the $75,000 AVTOP. The remaining $25,000 is paid to Alex.

The above are examples only, and do not cover the full range of scenarios that could qualify for AVTOP. If you’d like more information, you can call our Australian victim of terrorism overseas hotline.

Page last updated: 9 May 2024.
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