NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018
Table of Provisions
CHAPTER 1--Introduction
PART 1-1--INTRODUCTION
Division 1--Preliminary
- 1 Short title
- 2 Commencement
Division 2--Objects of this Act
Division 3--Simplified outline of this Act
- 4 Simplified outline of this Act
PART 1-2--DEFINITIONS
Division 1--Simplified outline of this Part
- 5 Simplified outline of this Part
Division 2--The Dictionary
CHAPTER 2--The National Redress Scheme for Institutional Child Sexual Abuse
PART 2-1--ESTABLISHMENT OF THE SCHEME
Division 1--Simplified outline of this Part
- 7 Simplified outline of this Part
Division 2--Establishment of the scheme
- 8 Establishment of the scheme
- 9 The National Redress Scheme Operator
- 10 General principles guiding actions of officers under the scheme
PART 2-2--ENTITLEMENT TO REDRESS UNDER THE SCHEME
Division 1--Simplified outline of this Part
- 11 Simplified outline of this Part
Division 2--Entitlement to redress under the scheme
- 12 When is a person entitled to be provided with redress?
- 13 When is a person eligible for redress?
- 14 When is abuse within the scope of the scheme?
- 15 When is an institution responsible for abuse?
- 16 What redress is provided to a person?
- 17 What is redress for?
PART 2-3--HOW TO OBTAIN REDRESS UNDER THE SCHEME
Division 1--Simplified outline of this Part
- 18 Simplified outline of this Part
Division 2--Application for redress under the scheme
Division 3--Obtaining information for the purposes of determining the application
- 24 Power to request information from the applicant
- 25 Power to request information from institutions
- 26 Failure of the applicant or institutions to comply with a request
- 27 State or Territory laws do not prevent complying with request
- 28 False or misleading information, documents or statements
Division 4--The Operator must determine whether to approve the application
- 29 The Operator must make a determination on the application
- 30 Working out the amount of redress payment and sharing of costs
- 31 Working out the amount of the counselling and psychological component and sharing of costs
- 32 The assessment framework
- 33 The assessment framework policy guidelines
Division 5--Notice of determination to applicant, participating institutions and funders of last resort
- 34 Notice of determination to applicant
- 35 Notice of determination to participating institutions
- 35A Notice of determination to funders of last resort
Division 6--Effect of determination and admissibility of evidence in civil proceedings
- 36 Effect of determination
- 37 Admissibility of documents in evidence in civil proceedings
PART 2-4--OFFERS AND ACCEPTANCE OF REDRESS
Division 1--Simplified outline of this Part
- 38 Simplified outline of this Part
Division 2--Offers of redress
- 39 Offer of redress
- 40 Acceptance period for offers of redress
- 41 Notice of offer to participating institutions
- 41A Notice of offer to funders of last resort
Division 3--Accepting or declining offers of redress
- 42 Accepting the offer of redress
- 43 Effect of acceptance on civil liability
- 44 Notice to participating institutions that the offer is accepted
- 44A Notice to funders of last resort that the offer is accepted
- 45 Declining the offer of redress
- 46 Notice to participating institutions that the offer is declined
- 46A Notice to funders of last resort that the offer is declined
- 46B Notice to partly - participating institutions
PART 2-5--PROVISION OF REDRESS UNDER THE SCHEME
Division 1--Simplified outline of this Part
- 47 Simplified outline of this Part
Division 2--The redress payment
- 48 The Operator must pay the redress payment
- 49 Protection of the redress payment--general
- 50 Additional protection of the redress payment--garnishee orders
Division 3--Counselling and psychological component of redress
- 51 The Operator must enable access to the counselling and psychological component of redress
- 52 Protection of the counselling and psychological services payment--general
- 53 Additional protection of the counselling and psychological services payment--garnishee orders
Division 4--Direct personal responses
- 54 Direct personal response from responsible institutions and partly - participating institutions
- 55 The direct personal response framework
- 56 General principles guiding provision of direct personal responses
PART 2-6--ADVANCE PAYMENTS
Division 1--Simplified outline of this Part
- 56A Simplified outline of this Part
Division 2--Advance payments
- 56B The Operator may make an advance payment
- 56C Protection of the advance payment--general
- 56D Additional protection of advance payment--garnishee orders
CHAPTER 3--Special rules to deal with exceptional cases
PART 3-1--SPECIAL RULES ALLOWING ENTITLEMENT TO REDRESS
Division 1--Simplified outline of this Part
- 57 Simplified outline of this Part
Division 2--Death of person before acceptance of redress offer
- 58 Person dies before determination is made on application for redress
- 59 Person dies before offer of redress is accepted, declined or withdrawn
- 60 Entitlement to redress payment
Division 3--Abuse for which a Commonwealth institution or participating Territory institution is responsible
- 61 Abuse occurring inside a non - participating State
PART 3-2--SPECIAL RULES EXCLUDING ENTITLEMENT TO REDRESS
Division 1--Simplified outline of this Part
- 62 Simplified outline of this Part
Division 2--Special assessment of applicants with serious criminal convictions
- 63 Special assessment of applicants with serious criminal convictions
Division 3--Security notices
Subdivision A--No entitlement to redress while security notice in force
- 64 Person not entitled to redress while security notice in force
Subdivision B--Security notice
- 65 Security notice from the Home Affairs Minister
- 66 Notice from the Foreign Affairs Minister
- 67 Copy of a security notice to be given to the Operator
- 68 Period a security notice is in force
- 69 Annual review of a security notice
- 70 Revoking a security notice
Subdivision C--Other matters affected by a security notice
- 71 Other matters affected by a security notice
CHAPTER 4--Administrative matters
PART 4-1--REVIEW OF DETERMINATIONS
Division 1--Simplified outline of this Part
- 72 Simplified outline of this Part
Division 2--Review of determinations
- 73 Application for review of determination
- 74 Withdrawal of application for review
- 75 The review
- 75A Obtaining further information for the review from the applicant
- 75B Obtaining further information for the review from institutions
- 75C State or Territory laws do not prevent complying with request
- 76 Date of effect of review determination
- 77 Notice of review determination to applicant
- 78 Interaction between review and offer of redress
- 79 Notices to institutions and funders of last resort about review
PART 4-2--NOMINEES
Division 1--Simplified outline of this Part
- 80 Simplified outline of this Part
Division 2--Appointment of nominees
- 81 Appointment of nominees
- 82 Suspension and revocation of nominee appointments
Division 3--Duties, functions and responsibilities of nominees
- 83 Duty of nominee
- 84 Actions of assistance nominee
- 85 Actions of legal nominee
- 86 Giving notices to assistance nominee or legal nominee
- 87 Nominee to inform the Operator of matters affecting ability to act as nominee
Division 4--Other matters relating to nominees
- 88 Protection of person against liability for actions of nominee
- 89 Protection of nominee against criminal liability
- 90 Informing nominee if notice given to person
PART 4-3--PROTECTING INFORMATION UNDER THE SCHEME
Division 1--Simplified outline of this Part
- 91 Simplified outline of this Part
Division 2--Use and disclosure of protected information
- 92 Protected information
- 93 Main authorisation--obtaining, recording, disclosing or using protected information
- 94 Additional authorisation--Operator disclosing to nominee
- 95 Additional authorisation--Operator disclosing in public interest or for another specified purpose
- 95A Additional authorisation--Operator publicly disclosing that institution is not participating in the scheme
- 95B Additional authorisation--Operator disclosing to applicant that institution is not participating in the scheme
- 96 Additional authorisation--Operator disclosing for law enforcement or child safety or wellbeing
- 96A Additional authorisation--Operator disclosing to public trustee etc. in relation to financial management orders
- 97 Additional authorisation--disclosing etc. for a permitted purpose
- 98 Additional authorisation--person engaged by institution disclosing etc. for a specified purpose
- 99 Offence--unauthorised access, recording, disclosure or use of protected information
- 100 Offence--soliciting disclosure of protected information
- 101 Offence--offering to disclose protected information
Division 3--Use and disclosure of the assessment framework policy guidelines
- 102 Main authorisation for obtaining, recording, disclosing or using the assessment framework policy guidelines
- 103 Additional authorisation--disclosure and use in accordance with the National Redress Scheme Agreement
- 104 Offence--unauthorised recording, disclosure or use of assessment framework policy guidelines
Division 4--Other matters
- 105 Disclosures to a court or tribunal
- 106 Disclosing information in good faith
CHAPTER 5--Participating institutions, participating groups and participating jurisdictions
PART 5-1--PARTICIPATING INSTITUTIONS
Division 1--Simplified outline of this Part
- 107 Simplified outline of this Part
Division 2--Institutions participating in the scheme
Subdivision A--Participating institutions
- 108 What is a participating institution?
Subdivision B--Commonwealth institutions
- 109 What is a Commonwealth institution?
Subdivision C--Participating State institutions
- 110 What is a participating State institution?
- 111 What is a State institution?
Subdivision D--Participating Territory institutions
- 112 What is a participating Territory institution?
- 113 What is a Territory institution?
Subdivision E--Participating non-government institutions
- 114 What is a participating non - government institution?
Division 3--Ministerial declarations about participating institutions
- 115 Institutions becoming participating institutions
- 116 Institutions ceasing to be participating institutions
Division 4--Participating defunct institutions
Subdivision A--Participating defunct institutions
- 117 What is a participating defunct institution?
Subdivision B--Representatives for participating defunct institutions
- 118 Representatives for participating defunct institutions
- 119 Becoming the representative for a defunct non - government institution
- 120 Ceasing to be the representative for a defunct non - government institution
- 121 Actions of the representative for a defunct institution
- 122 Giving notices to the representative for a defunct institution
- 123 Obligations and liabilities of the representative for a defunct institution
Division 5--Participating lone institutions
Subdivision A--Participating lone institutions
- 124 What is a participating lone institution?
Subdivision B--Representatives for participating lone institutions
- 125 Representatives for participating lone institutions
- 126 Becoming the representative for an unincorporated lone institution
- 127 Becoming the representative for an incorporated lone institution
- 128 Ceasing to be the representative for a lone institution
- 129 Actions of the representative for a lone institution
- 130 Giving notices to the representative for a lone institution
- 131 Joint and several liability of the representative for an unincorporated lone institution for funding contribution
PART 5-2--GROUPS OF INSTITUTIONS PARTICIPATING IN THE SCHEME
Division 1--Simplified outline of this Part
- 132 Simplified outline of this Part
Division 2--Participating groups
- 133 Participating groups
- 134 Institutions becoming members of a participating group
- 135 Institutions ceasing to be members of a participating group
Division 3--Representatives for participating groups
- 136 Representatives for participating groups
- 137 Becoming the representative for a participating group of non - government institutions
- 138 Ceasing to be the representative for a participating group of non - government institutions
- 139 Actions of the representative for a participating group
- 140 Giving notices to the representative for a participating group
- 141 Joint and several liability of the representative for funding contribution
PART 5-3--JURISDICTIONS PARTICIPATING IN THE SCHEME
Division 1--Simplified outline of this Part
- 142 Simplified outline of this Part
Division 2--Participating jurisdictions
- 143 What is a participating jurisdiction?
- 144 What is a participating State?
- 145 The referred national redress scheme matters
Division 3--Participating jurisdictions providing counselling and psychological services under the scheme
- 146 Participating jurisdictions that are declared providers
- 147 Ministerial declarations about declared providers
CHAPTER 6--Financial matters
PART 6-1--LIABILITY FOR FUNDING
Division 1--Simplified outline of this Part
- 148 Simplified outline of this Part
Division 2--Liability of participating institutions for funding contribution
- 149 Liability for funding contribution
- 150 Funding contribution
- 151 Redress element
- 152 Scheme administration element
- 153 When funding contribution is due for payment
- 154 Late payment penalty
- 155 Payment of funding contribution and late payment penalty
- 156 Waiver of funding contribution and late payment penalty
- 157 Review of decision about waiving funding contribution or penalty
- 158 Liability of corporate State or Territory institutions for funding contribution
Division 3--Liability of the Commonwealth for counselling and psychological services contribution
- 159 Liability for counselling and psychological services contribution
- 160 Counselling and psychological services contribution
Division 4--Appropriation
PART 6-2--FUNDER OF LAST RESORT
Division 1--Simplified outline of this Part
- 162 Simplified outline of this Part
Division 2--Funder of last resort
- 163 Meaning of funder of last resort
- 164 Listing defunct institutions--listing relating only to abuse for which participating government institution is equally responsible
- 164A Listing defunct institutions--listing relating to abuse for which participating government institution is not equally responsible
- 164B Listing partly - participating institutions
- 164C Listing non - defunct institutions other than partly - participating institutions
- 164D What is an eligible funding jurisdiction?
Division 3--Special rules for funder of last resort cases
- 165 Special rules for funder of last resort cases
- 165A Special rules for funder of last resort cases--participating jurisdictions
PART 6-3--DEBT RECOVERY
Division 1--Simplified outline of this Part
- 166 Simplified outline of this Part
Division 2--Debt recovery
- 167 Recovery of amounts (other than funding contribution and late payment penalty)
- 168 Recovery of funding contribution and late payment penalty
- 169 Legal proceedings to recover debt
- 170 Arrangement for payment of debt
- 171 Recovery of amounts from financial institutions
- 172 Repayment of recovered amount to participating institutions and participating jurisdictions
CHAPTER 7--Other matters
PART 7-1--APPLICATION OF THIS ACT
Division 1--Simplified outline of this Part
- 173 Simplified outline of this Part
Division 2--Application of this Act
- 174 Constitutional basis for this Act
- 175 Concurrent operation with State and Territory laws
- 176 Extraterritorial application and extension to external Territories
- 177 Crown to be bound
PART 7-2--THE NATIONAL REDRESS SCHEME RULES
Division 1--Simplified outline of this Part
- 178 Simplified outline of this Part
Division 2--The National Redress Scheme Rules
- 179 The National Redress Scheme Rules
PART 7-3--OTHER MATTERS
Division 1--Simplified outline of this Part
- 180 Simplified outline of this Part
Division 2--Giving notices for the purposes of the scheme
- 181 Persons or institutions giving notices to the Operator
- 182 Operator giving notices to persons or institutions
Division 3--Delegation
- 183 Delegation by the Minister
- 184 Delegation by the Operator
Division 4--Independent decision-makers
- 185 Engaging persons to be independent decision - makers
Division 4A--Protected names and symbols
Division 5--Miscellaneous
- 186 Giving agreement
- 187 Annual report on operation of the scheme
- 188 Approved forms
- 189 Determinations of the Operator to be in writing
- 190 Civil penalty provisions
- 191 Compensation for acquisition of property
- 192 Review of the scheme
- 193 Sunset of the scheme
CHAPTER 8--Application and transitional provisions
PART 8-1--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 194 Simplified outline of this Chapter
- 195 Application of amendments relating to the funder of last resort provisions
- 196 Application of amendments relating to engaging independent decision - makers
- 197 Application of amendments relating to payment of redress payments etc.
- 198 Application of amendments relating to when funding contribution is due
- 199 Application of amendments relating to disclosure of protected information about institutions
PART 8-5--APPLICATION AND TRANSITIONAL PROVISIONS RELATING TO THE NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE AMENDMENT ACT 2024
