---
title: "Australian Victim of Terrorism Overseas Payment: eligibility factors"
url: "https://ailawframework.com/precedents/victims-of-crime-support-and-compensation/avtop-eligibility-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a62-avtop-eligibility-checklist"
area_id: "A62"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A62-V20261018-1"]
law_stated_as_at: "2026-10-22"
---

# Australian Victim of Terrorism Overseas Payment: eligibility factors

> Checklist of the eligibility rules and the factors Services Australia says it considers for the Australian Victim of Terrorism Overseas Payment.

Canonical page: https://ailawframework.com/precedents/victims-of-crime-support-and-compensation/avtop-eligibility-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Victims of Crime Support & Compensation](https://ailawframework.com/precedents/victims-of-crime-support-and-compensation.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## When to use it

Use when an Australian resident, or a close family member, may claim the Australian Victim of Terrorism Overseas Payment after the Prime Minister has declared an overseas terrorist act.

## Used for these tasks

- [Build the victims' claim eligibility and deadline register](https://ailawframework.com/practice/victims-of-crime-support-and-compensation/build-the-victims-claim-eligibility-and-deadline-register.md)

## How AI may be used

The tool may record which eligibility points and which listed factors are present on the file, and the lawyer decides whether a claim is made.

**AI may:**

- Record whether the Prime Minister has declared the overseas act, and the name of that declaration.
- Record residence on the day of the act as a question, not as a concluded visa status.
- Separate the primary-victim factors from the secondary-victim factors, using the page's lists.
- Record whether a close family member, as the page defines that term, died as a direct result of the act.

**AI must not:**

- Do not state a dollar cap. This page does not state one.
- Do not decide residence. The page links residence descriptions, and that page was not opened.
- Do not treat a factor the page says is considered as a rule the page did not state.
- Do not prepare the claim form. The how-to-claim page was not opened.

**The lawyer checks:**

- Confirm the declaration, the residence test and the factors on the current Who can get it page. It was last updated on 24 September 2025 when read.
- Confirm that the person, and close family members, were not involved in the commission of the act.
- For a secondary victim, confirm how the payment is shared. The page says it is shared between eligible secondary victims who claim, and it does not set the shares on this page.

## Authorities

- [Services Australia, Australian Victim of Terrorism Overseas Payment, Who can get it (page last updated 24 September 2025, QC 50146; read 22 October 2026)](https://www.servicesaustralia.gov.au/who-can-get-australian-victim-terrorism-overseas-payment)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/victims-of-crime-support-and-compensation/avtop-eligibility-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*