Commonwealth: National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth)

National Redress Scheme for Institutional Child Sexual Abuse Act 2018 No. 45, 2018 Compilation No. 9 Compilation date: 28 September 2024 Includes amendments: Act No. 9, 2024 About this compilation This compilation This is a compilation of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 that shows the text of the law as amended and in force on 28 September 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction Part 1‑1—Introduction Division 1—Preliminary 1 Short title 2 Commencement Division 2—Objects of this Act 3 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 6 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 19 Application for redress 20 When an application cannot be made 21 Special process for child applicants 22 Withdrawal of an application 23 Notice of a withdrawal to participating institutions 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 Part 3‑3—Special rules about reassessment of determinations Division 1—Simplified outline of this Part 71A Simplified outline of this Part Division 2—Reassessment of determinations 71B Reassessment of determinations 71C Revoking agreement to reassessment 71D The Operator must make a reassessment decision 71E Notice and effect of reassessment decision 71F Notice of decision to affirm current determination to participating jurisdictions and institutions Division 3—New offers of redress 71G New offer of redress 71H Accepting or declining the new offer of redress 71J Accepting the new offer where previous offer was accepted 71K Effect of acceptance of new offer of redress 71L Notice to institutions and participating jurisdictions that new offer is accepted Division 4—Death of reassessee before or during reassessment 71M Reassessee dies before new offer of redress is accepted, declined or withdrawn 71N Reassessee dies before reassessment decision is made 71P Reassessee dies before identification for reassessment 71Q Entitlement to redress payment under this Division Division 5—Identifying determinations and notifying applicants 71R Identification of determinations for reassessment 71S Notification for reassessment Division 6—Review of reassessment decisions 71T Review of reassessment decisions 71U The review Division 7—Financial matters 71V Application of this Division 71W Reassessment decision does not change funding contribution for a quarter before the present quarter, except in certain circumstances 71X Determining reassessment deficit or reassessment surplus 71Y Liability for reassessment deficits—reassessment contribution 71Z Crediting reassessment surplus to institutions and funders of last resort 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 161 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 185A Use of 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 Part 8‑2—Application and transitional provisions relating to the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 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 8‑3—Application and transitional provisions relating to the National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2021 200 Definitions 201 Application of amendments made by Schedule 1 to the amending Act 202 Application of amendments made by Schedule 2 to the amending Act 203 Application of amendments made by Schedule 3 to the amending Act 204 Application of amendments made by Schedule 4 to the amending Act 205 Application of amendments made by Schedule 5 to the amending Act Part 8‑4—Application and transitional provisions relating to the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort and Other Measures) Act 2021 206 Definitions 207 Application of amendments made by Schedule 1 to the amending Act 208 Application of amendments made by Schedule 2 to the amending Act Part 8‑5—Application and transitional provisions relating to the National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 209 Definitions 210 Application of amendments made by Schedule 1 to the amending Act 211 Application of amendments made by Schedule 2 to the amending Act Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the National Redress Scheme for Institutional Child Sexual Abuse, and for related purposes Chapter 1—Introduction Part 1‑1—Introduction Division 1—Preliminary 1 Short title This Act is the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act As follows: 1 July 2018 (a) if this Act receives the Royal Assent before 1 July 2018—1 July 2018; (paragraph (a) applies) (b) if this Act receives the Royal Assent on or after 1 July 2018—a single day to be fixed by Proclamation. However, if the provisions 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 enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. Division 2—Objects of this Act 3 Objects of this Act (1) The main objects of this Act are: (a) to recognise and alleviate the impact of past institutional child sexual abuse and related abuse; and (b) to provide justice for the survivors of that abuse. (2) For the purposes of achieving those objects, the objects of this Act are also: (a) to establish the National Redress Scheme for Institutional Child Sexual Abuse; and (b) to provide redress under the scheme which consists of: (i) a monetary payment to survivors as a tangible means of recognising the wrong survivors have suffered; and (ii) a counselling and psychological component which, depending on where the survivor lives, consists of access to counselling and psychological services or a monetary payment; and (iii) a direct personal response to survivors from the participating institutions and partly‑participating institutions responsible; and (c) to enable institutions responsible for abuse of survivors to participate in the scheme to provide that redress to those survivors; and (d) to implement the joint response of: (i) the Commonwealth Government; and (ii) the government of each participating State; and (iii) the government of each participating Territory; to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to redress. Division 3—Simplified outline of this Act 4 Simplified outline of this Act This Act establishes the National Redress Scheme for Institutional Child Sexual Abuse to provide redress to survivors of past institutional child sexual abuse. Redress under the scheme is for abuse that is within the scope of the scheme. Abuse of a person is within the scope of the scheme if: (a) it occurred when the person was a child; and (b) it occurred before the scheme start day; and (c) it occurred inside a participating State, inside a Territory, or outside Australia (that is, it did not occur inside a State that is not participating in the scheme). Redress consists of 3 components: (a) a redress payment (of up to $150,000); and (b) a counselling and psychological component which, depending on where the person lives, consists of access to counselling and psychological services or a counselling and psychological services payment (of up to $5,000); and (c) a direct personal response from each participating institution (and, in certain circumstances, partly‑participating institutions) responsible for the abuse. To be entitled to redress, a number of conditions need to be met. First, the person must make an application for redress. Then the person must meet the eligibility criteria. These are that: (a) the person was sexually abused; and (b) the abuse is within the scope of the scheme; and (c) the abuse is of a kind for which the maximum amount of redress payment worked out under the assessment framework would be more than nil; and (d) one or more participating institutions (or certain other institutions) are responsible for the abuse; and (e) at the time of the application, the person is an Australian citizen or a permanent resident. An institution is responsible for abuse of a person if the abuse occurred in circumstances where the institution is primarily or equally responsible for the abuser having contact with the person. Various circumstances are relevant to determining that question (e.g. whether the abuser was an official of the institution). The participating institutions are: (a) all Commonwealth institutions; and (b) any State institution that is declared to be a participating institution; and (c) any Territory institution that is declared to be a participating institution; and (d) any non‑government institution that is declared to be a participating institution. If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, the Operator must approve the application and make an offer of redress to the person. The person may accept or decline the offer. If the person accepts the offer, then the person becomes entitled to redress under the scheme. The person is required to release particular institutions and officials from all civil liability for the abuse. Those institutions and officials are the participating institutions determined by the Operator to be responsible for the abuse, their officials, their associates and the officials of their associates. The abuser is not released from liability. Once entitled, the person will be provided with redress under the scheme. If the person declines the offer, then the person is not entitled to redress under the scheme. The person is not required to release any institution or official from liability for the abuse. In certain circumstances, the Operator may make an advance payment for a person who has applied for redress. The Operator is responsible for the administration of the scheme. To ensure that the scheme is survivor‑focussed, the Operator (and other officers of the scheme) must take into account general guiding principles when taking action under the scheme. For example, one of the principles is that redress must be assessed and provided so as to avoid further harming or traumatising the person. Participating institutions that are determined by the Operator to be responsible for the abuse of a person are liable for the costs of providing redress to the person. Those institutions are also liable for contributing to the costs of the administration of the scheme. The Operator is responsible for recovering those costs from those institutions through funding contributions, which those institutions are required to pay on a quarterly basis. Part 1‑2—Definitions Division 1—Simplified outline of this Part 5 Simplified outline of this Part Many terms used in this Act are defined to have a particular meaning for this Act. For this reason, this Act has a Dictionary (in section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to the provision that has that definition. Division 2—The Dictionary 6 The Dictionary In this Act: abuse means sexual abuse or non‑sexual abuse. abuser: a person is the abuser of another person if the person has abused the other person. acceptance document: see subsection 42(2). acceptance period: see section 40. administrator: see subsection 48(1A). adoption Act: see subsection 144(9). advance payment: see subsection 56B(1). amendment reference: see subsection 144(3). approved form means a form approved under section 188. assessment framework: see subsection 32(2). assessment framework policy guidelines: see subsection 33(3). assistance nominee means a person who is appointed as an assistance nominee under paragraph 81(1)(a). associate: for when a participating institution is an associate of another participating institution, see subsections 133(3) and 135(5). child means a person under the age of 18. civil penalty provision has the same meaning as in the Regulatory Powers Act. Commonwealth institution: see section 109. component of redress means any of the 3 components of redress referred to in subsection 16(1). counselling and psychological component of redress means: (a) the counselling and psychological services payment; or (b) access to counselling and psychological services under the scheme. counselling and psychological services contribution: see section 160. counselling and psychological services payment means a payment payable under subsections 51(3) to (3D). declared provider: see subsection 146(2). defunct: an institution is defunct if it is no longer in existence. direct personal response: see subsection 54(2). direct personal response framework: see subsection 55(2). eligible: see section 13. eligible funding jurisdiction for an institution in relation to abuse: see section 164D. entitled: see subsections 12(2), (3) and (4). equally responsible: for when an institution is equally responsible for abuse of a person, see subsections 15(3), (5) and (6). express amendment: see subsection 144(9). financial institution means a body corporate that is an authorised deposit‑taking institution for the purposes of the Banking Act 1959. Foreign Affairs Minister means the Minister administering the Australian Passports Act 2005. funder of last resort: see section 163. funding contribution: see section 150. government institution means a Commonwealth institution, State institution or Territory institution. Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. Human Services Department means Services Australia. incorporated lone institution: see paragraph 124(3)(b). independent decision‑maker: see subsection 185(3). initial referred provisions: see subsection 144(9). institution means any body, entity, group of persons or organisation (whether or not incorporated), but does not include a family or an individual. institutions' total share: see subsection 30(3). legal nominee means a person who is appointed as a legal nominee under paragraph 81(1)(b). listed: see subsections 164(1), 164A(1), 164B(1) and 164C(1). lone institution: see subsection 124(2). maximum amount: see step 1 of the method statement in subsection 30(2). National Redress Scheme Agreement means the Intergovernmental Agreement on the National Redress Scheme for Institutional Child Sexual Abuse, as in force from time to time. National Redress Scheme Operator: see the definition of Operator. National Service Standards means the National Service Standards set out in the National Redress Scheme Agreement. nominee means an assistance nominee or a legal nominee. non‑government institution: see subsections 114(2) and (3). non‑participating State means a State that is not a participating State. non‑sexual abuse includes physical abuse, psychological abuse and neglect. officer of the scheme means: (a) a person in the Department or the Human Services Department performing duties, or exercising powers or functions, under or in relation to this Act (including the Operator); or (b) an independent decision‑maker; or (c) a person prescribed by the rules. official of an institution means a person who is or has been an officer, employee, volunteer or agent of the institution. Operator (short for National Redress Scheme Operator) means the person who is the Secretary of the Department, in the person's capacity as Operator of the scheme (as referred to in section 9). original determination: see paragraph 73(1)(b). original version of this Act: see subsection 144(9). participating defunct institution: see section 117. participating government institution means: (a) a Commonwealth institution; or (b) a participating State institution; or (c) a participating Territory institution. participating group: see subsection 133(2). participating incorporated lone institution: see subsection 124(5). participating institution: see section 108 and subsection 116(7). participating jurisdiction: see section 143. participating lone institution: see subsection 124(1). participating non‑government institution: see subsection 114(1). participating State: see section 144. participating State institution: see section 110. participating Territory means the Australian Capital Territory or the Northern Territory. participating Territory institution: see section 112. participating unincorporated lone institution: see subsection 124(4). partly‑participating institution means an institution that is listed under section 164B. permitted purpose: see paragraph 97(1)(e). primarily responsible: for when an institution is primarily responsible for abuse of a person, see subsections 15(2), (5) and (6). production period: see paragraphs 24(3)(c) and 25(4)(c). protected information: see subsection 92(2). quarter: see subsection 149(2). reasonable likelihood, in relation to a person being eligible for redress, means the chance of the person being eligible is real, is not fanciful or remote and is more than merely plausible. reassessment contribution: see subsection 71Y(2). reassessment deficit: see subsection 71X(3). reassessment surplus: see subsection 71X(4). redress: see subsection 16(1). redress element: see section 151. redress payment means a payment payable under section 48, 60 or 71Q. referral Act: see subsection 144(9). referred national redress scheme matters: see subsections 145(1) and (2). Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. related: non‑sexual abuse of a person is related to sexual abuse of the person if an institution is responsible for both the sexual abuse and the non‑sexual abuse of the person. released institution or official: see paragraph 42(2)(c). relevant prior payment: see step 3 of the method statement in subsection 30(2). relevant version of this Act: see subsection 144(9). representative: (a) for a participating defunct institution: see subsections 118(2), (3), (4) and (5) and 120(4); or (b) for a participating lone institution: see subsections 125(2) and (3) and 128(4); or (c) for a participating group: see subsections 136(2), (3), (4) and (5) and 138(4). responsible: for when an institution is responsible for abuse of a person, see subsections 15(1), (5) and (6). responsible institution: a participating institution is a responsible institution in relation to abuse of a person if the Operator has determined under paragraph 29(2)(b) that the institution is responsible for that abuse. review determination: see paragraph 75(2)(b). review period for a determination under section 29: see subsections 34(4) to (10). rules means the rules made by the Minister under section 179. saved amount: (a) for a redress payment: see subsection 50(2); or (b) for a counselling and psychological services payment: see subsection 53(2); or (c) for an advance payment: see subsection 56D(2). scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under section 8. scheme administration element: see subsection 152(1). scheme start day means the day this Act commences. scheme sunset day: see subsection 193(1). security notice: see subsection 65(1). sexual abuse of a person who is a child includes any act which exposes the person to, or involves the person in, sexual processes beyond the person's understanding or contrary to accepted community standards. State institution: see section 111. State redress mechanism: see subsection 145(4). survivor means a person who has suffered sexual abuse that is within the scope of the scheme. Territory means a Territory referred to in section 122 of the Constitution. Note: A participating Territory is a type of Territory, but there are other Territories that are covered by this definition (e.g. the Jervis Bay Territory). Territory institution: see section 113. text reference: see subsection 144(2). this Act includes: (a) the rules; and (b) any other instrument made under this Act. unincorporated lone institution: see paragraph 124(3)(a). wholly‑owned Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013. within the scope: for when abuse is within the scope of the scheme, see section 14. 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 This Part formally establishes the National Redress Scheme for Institutional Child Sexual Abuse. It provides that the Operator is responsible for operating the scheme. It also sets out general principles that the Operator and other officers of the scheme must take into account, for the benefit and protection of survivors, when taking action under the scheme. Division 2—Establishment of the scheme 8 Establishment of the scheme The National Redress Scheme for Institutional Child Sexual Abuse is established by this Act. 9 The National Redress Scheme Operator (1) The Secretary of the Department is the National Redress Scheme Operator. (2) The Operator is responsible for operating the scheme. (3) The Operator may arrange for support and assistance (including legal assistance) to be provided to a person (including a person who is an applicant, or prospective applicant, for redress) in relation to the doing of things under, or for the purposes of, the scheme. Note: For example, the Operator might arrange for support and assistance to be provided to help prepare a person's application for redress. (4) The Operator may, on behalf of the Commonwealth: (a) enter into a contract, agreement, deed or understanding relating to the provision of support or assistance provided under the scheme; and (b) vary and administer that contract, agreement, deed or understanding. 10 General principles guiding actions of officers under the scheme (1) This section sets out the principles that must be taken into account by the Operator and other officers of the scheme when taking action under, or for the purposes of, the scheme. (2) Redress under the scheme should be survivor‑focussed. (3) Redress should be assessed, offered and provided with appropriate regard to: (a) what is known about the nature and impact of child sexual abuse, and institutional child sexual abuse in particular; and (b) the cultural needs of survivors; and (c) the needs of particularly vulnerable survivors. (4) Redress should be assessed, offered and provided so as to avoid, as far as possible, further harming or traumatising the survivor. (5) Redress should be assessed, offered and provided in a way that protects the integrity of the scheme. Part 2‑2—Entitlement to redress under the scheme Division 1—Simplified outline of this Part 11 Simplified outline of this Part For a person to be entitled to redress under the scheme, a number of conditions need to be met. First, the person must make an application for redress under the scheme. Then the person must meet the eligibility criteria for redress. These are that the person was sexually abused, the abuse is within the scope of the scheme, the abuse is of a kind for which the amount of redress payment worked out under the assessment framework would be more than nil, one or more participating institutions (or, in certain circumstances, one or more institutions that are listed for a participating jurisdiction under section 164A, 164B or 164C) are responsible for the abuse, and, at the time of the application, the person is an Australian citizen or a permanent resident. If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, the Operator must approve the application and make an offer of redress to the person. The person may accept or decline the offer. (Offers and acceptance of redress are dealt with in Part 2‑4.) If the person accepts the offer, then the person becomes entitled to redress under the scheme. The person is required to release particular institutions and officials from all civil liability for the abuse. Those institutions are the participating institutions determined by the Operator to be responsible for the abuse, their officials, their associates and the officials of their associates. The abuser is not released from liability. Once entitled, the person will be provided with redress under the scheme. (Provision of redress is dealt with in Part 2‑5.) If the person declines the offer, then the person is not entitled to redress under the scheme. The person is not required to release any institution or official from civil liability for the abuse. Division 2—Entitlement to redress under the scheme 12 When is a person entitled to be provided with redress? (1) A person can only be provided with redress under the scheme if the person is entitled to it. (2) A person is entitled to redress under the scheme if: (a) the person applies for redress under section 19; and (b) the Operator considers that there is a reasonable likelihood that the person is eligible for redress under the scheme (see section 13 for eligibility); and (c) the Operator approves the application under section 29; and (d) the Operator makes an offer of redress to the person under section 39; and (e) the person accepts the offer in accordance with section 42. (3) A person is also entitled to redress, or a component of redress, under the scheme if this Act or the rules prescribe that the person is entitled to it. Note: For cases where this Act prescribes that a person is entitled to redress, or a component of redress, under the scheme, see Part 3‑1. (4) Despite subsections (2) and (3), a person is not entitled to redress, or a component of redress, under the scheme if this Act or the rules prescribe that the person is not entitled to it. Note: For cases where this Act prescribes that a person is not entitled to redress, or a component of redress, under the scheme, see Part 3‑2. 13 When is a person eligible for redress? (1) A person is eligible for redress under the scheme if: (a) the person was sexually abused; and (b) the sexual abuse is within the scope of the scheme (see section 14); and (c) the sexual abuse is of a kind for which the maximum amount of redress payment that could be payable to the person (as worked out under the assessment framework) would be more than nil; and (d) one or more of the following are responsible for the abuse (see section 15): (i) a participating institution; (ii) an institution that is listed for a participating jurisdiction under section 164A, 164B or 164C (if a participating jurisdiction is an eligible funding jurisdiction for the institution in relation to the abuse); and (e) the person is an Australian citizen or a permanent resident (within the meaning of the Australian Citizenship Act 2007) at the time the person applies for redress. Note 1: To be eligible for redress, a person must have been sexually abused. However, redress is for the sexual abuse, and related non‑sexual abuse, of the person that is within the scope of the scheme. Note 2: For which institutions are participating institutions, see section 108. (2) A person is also eligible for redress under the scheme if this Act or the rules prescribe that the person is eligible for it. (3) Despite subsections (1) and (2), a person is not eligible for redress under the scheme if this Act or the rules prescribe that the person is not eligible for it. 14 When is abuse within the scope of the scheme? (1) Abuse of a person is within the scope of the scheme if: (a) it occurred when the person was a child; and (b) it occurred: (i) inside a participating State; or (ii) inside a Territory; or (iii) outside Australia; and (c) it occurred before the scheme start day. (2) Abuse of a person is within the scope of the scheme if this Act or the rules prescribe that it is. (3) Despite subsections (1) and (2), abuse of a person is not within the scope of the scheme if this Act or the rules prescribe that it is not. 15 When is an institution responsible for abuse? When is an institution responsible for abuse? (1) An institution (whether or not a participating institution) is responsible for abuse of a person if the institution is primarily responsible or equally responsible for the abuse. When an institution is primarily responsible for abuse (2) An institution is primarily responsible for abuse of a person if the institution is solely or primarily responsible for the abuser having contact with the person. When an institution is equally responsible for abuse (3) An institution is equally responsible for abuse of a person if: (a) the institution and one or more other institutions are approximately equally responsible for the abuser having contact with the person; and (b) no institution is primarily responsible for the abuse of the person. Relevant circumstances for determining responsibility (4) Without limiting the circumstances that might be relevant for determining under subsection (2) or (3) whether an institution is primarily responsible or equally responsible for the abuser having contact with the person, the following circumstances are relevant: (a) whether the institution was responsible for the day‑to‑day care or custody of the person when the abuse occurred; (b) whether the institution was the legal guardian of the person when the abuse occurred; (c) whether the institution was responsible for placing the person into the institution in which the abuse occurred; (d) whether the abuser was an official of the institution when the abuse occurred; (e) whether the abuse occurred: (i) on the premises of the institution; or (ii) where activities of the institution took place; or (iii) in connection with the activities of the institution; (f) any other circumstances that are prescribed by the rules. Note: When determining the question whether an institution is responsible for abuse of a person, the circumstances listed in this subsection are relevant to that question, but none of them on its own is determinative of that question. (5) Despite subsections (1), (2) and (3), an institution is responsible, primarily responsible or equally responsible for abuse of a person in the circumstances (if any) prescribed by the rules. (6) Despite subsections (1), (2) and (3), an institution is not responsible, primarily responsible or equally responsible for abuse of a person in the circumstances (if any) prescribed by the rules. 16 What redress is provided to a person? (1) Redress for a person consists of 3 components: (a) a redress payment (of up to $150,000); and (b) a counselling and psychological component which, depending on where the person lives (as stated in the person's application for redress), consists of: (i) access to counselling and psychological services provided under the scheme; or (ii) a payment (of up to $5,000) to enable the person to access counselling and psychological services provided outside of the scheme; and (c) a direct personal response from: (i) each of the participating institutions that are determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse of the person; and (ii) each of the partly‑participating institutions that are determined by the Operator under paragraph 29(2)(j) to be responsible for the abuse of the person and for which the Operator determines under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort in relation to the abuse. Note: For what a direct personal response consists of, see subsection 54(2). (2) A person who is entitled to redress under the scheme may choose to accept 1, 2 or all 3 of those components of redress. (3) If 2 or more participating institutions or partly‑participating institutions are determined to be responsible for the person's abuse and the person chooses to be given a direct personal response, then the person may choose to be given a direct personal response from each of those institutions, or from only some or one of them. 17 What is redress for? Redress for a person is for the sexual abuse, and related non‑sexual abuse, of the person that is within the scope of the scheme. Note: While redress is for both the sexual and related non‑sexual abuse of a person that is within the scope of the scheme, to be eligible for redress in the first place, there must have been sexual abuse within the scope of the scheme (see paragraph 13(1)(b)). Part 2‑3—How to obtain redress under the scheme Division 1—Simplified outline of this Part 18 Simplified outline of this Part To be entitled to redress under the scheme, a person must make an application for it. To be valid, the application must comply with the requirements set out in section 19 (e.g. it must include any information required by the Operator). Once the application is made, the Operator can request the person and participating institutions to provide further information to the Operator for the purposes of determining the application (see sections 24 and 25). A person can make only one application for redress under the scheme. Whether the application is successful or unsuccessful, the person will not be able to make another application for redress under the scheme (unless the person withdraws the application before the Operator makes a determination about whether or not to approve it). There are certain circumstances where a person cannot make an application for redress. These circumstances are set out in section 20. The Operator must make a determination to approve, or not approve, the application as soon as practicable. If the Operator considers there is a reasonable likelihood that the person is eligible for redress, then the Operator must approve the application and make a number of other important determinations under subsection 29(2). For example, the Operator must make a determination about which participating institutions are responsible for the abuse and therefore liable for providing redress to the person. The Operator must also make a determination about the amount of the redress payment that is payable to the person, as well as the amount of the counselling and psychological component of redress for the person. The Operator must give the person written notice of the Operator's determination on the application. The notice must state whether or not the application has been approved, the reasons for the determination and that the person may apply for review of the determination. The Operator must also give written notice of the determination to the participating institutions that are specified in the determination (such as the responsible institutions). If the application is approved, the Operator must also give written notice to any funders of last resort that are specified in the determination. If the Operator has approved the application, the Operator must also give the person an offer of redress with the notice. (Offers and acceptance of redress are dealt with in Part 2‑4.) Division 2—Application for redress under the scheme 19 Application for redress (1) To obtain redress under the scheme, a person must make an application to the Operator. (2) To be valid, the application must: (a) be in the approved form; and (b) specify where the person lives; and (c) include any information, and be accompanied by any documents, required by the Operator. (3) The Operator is not required to make a determination on an application that is not valid. 20 When an application cannot be made (1) A person cannot make an application for redress under the scheme if: (a) the person has already made an application for redress under the scheme; or (b) a security notice is in force in relation to the person; or (c) the person is a child who will not turn 18 before the scheme sunset day; or (e) the application is being made in the period of 12 months before the scheme sunset day. (2) Paragraph (1)(e) does not apply if the Operator determines there are exceptional circumstances justifying the application being made. (3) Before making a determination under subsection (2), the Operator must comply with any requirements prescribed by the rules. 21 Special process for child applicants (1) If: (a) a person makes an application for redress under the scheme; and (b) the person is a child who will turn 18 before the scheme sunset day; then the Operator must deal with the application in accordance with any requirements prescribed by the rules. (2) Rules made for the purposes of subsection (1) apply despite subsection 29(1) (which requires the Operator to make a determination on the application as soon as practicable). 22 Withdrawal of an application (1) A person may withdraw an application for redress at any time before the Operator makes a determination on the application under section 29. (2) If the person withdraws the application under subsection (1), then for the purposes of this Act (other than subsection 167(4A)) it is treated as not having been made. 23 Notice of a withdrawal to participating institutions (1) If: (a) a person withdraws an application under subsection 22(1); and (b) before the withdrawal, the Operator had requested a participating institution under section 25 to provide information that may be relevant to the application; then the Operator must give the institution written notice that the person has withdrawn the application. (2) The notice must also comply with any requirements prescribed by the rules. Division 3—Obtaining information for the purposes of determining the application 24 Power to request information from the applicant (1) If the Operator has reasonable grounds to believe that a person who has applied for redress has information that may be relevant to determining the application, then the Operator may request the person to give the information to the Operator. Note: The request for information may be accompanied by information that has been disclosed by an institution in relation to the application. (2) The request must be made by written notice given to the person. (3) The notice must specify: (a) the nature of the information that is requested to be given; and (b) how the person is to give the information to the Operator; and (c) the period (the production period) within which the person is requested to give the information to the Operator; and (d) that the notice is given under this section. (4) The production period must be at least: (a) if the Operator considers the application is urgent—4 weeks; and (b) otherwise—8 weeks; beginning on the date of the notice. (5) The Operator may, by written notice to the person, extend the production period if the Operator considers it appropriate to do so. (6) An extension under subsection (5) may be given: (a) on the Operator's own initiative; or (b) on a request made by the person under subsection (7). (7) The person may request the Operator to extend the production period. The request must: (a) be made before the end of the production period; and (b) comply with any requirements prescribed by the rules. 25 Power to request information from institutions (1) If a person has applied for redress and either: (a) the application identifies a particular participating institution or partly‑participating institution as being involved in the abuse of the person; or (b) the Operator has reasonable grounds to believe that a participating institution or partly‑participating institution may be responsible for the abuse of the person; then the Operator must request the institution to give any information that may be relevant to the application to the Operator. Note: The request for information may be accompanied by information that has been disclosed by the applicant or another institution in relation to the application. (2) If a person has applied for redress and the Operator has reasonable grounds to believe that a participating institution or partly‑participating institution has information that may be relevant to determining the application, then the Operator may request the institution to give the information to the Operator. Note: The request for information may be accompanied by information that has been disclosed by the applicant or another institution in relation to the application. (3) The request under subsection (1) or (2) must be made by written notice given to the institution. (4) The notice must specify: (a) the nature of the information that is requested to be given; and (b) how the institution is to give the information to the Operator; and (c) the period (the production period) within which the institution is requested to give the information to the Operator; and (d) that the notice is given under this section. (5) The production period must be at least: (a) if the Operator considers the application is urgent—4 weeks; and (b) otherwise—8 weeks; beginning on the date of the notice. (6) The Operator may, by notice to the institution, extend the production period if the Operator considers it appropriate to do so. (7) An extension under subsection (6) may be given: (a) on the Operator's own initiative; or (b) on a request made by the institution under subsection (8). (8) The institution may request the Operator to extend the production period. The request must: (a) be made before the end of the production period; and (b) comply with any requirements prescribed by the rules. 26 Failure of the applicant or institutions to comply with a request (1) If: (a) under section 24, the Operator requests a person who has made an application for redress to provide further information; and (b) the information requested is not provided in the production period referred to in that section; then the Operator is not required to make a determination on the application until the information is provided. (2) If: (a) under section 25, the Operator requests a participating institution or partly‑participating institution to provide information in relation to an application for redress; and (b) the information requested is not provided in the production period referred to in that section; then the Operator may progress the application and make a determination on it on the basis of the information that has been obtained by, or provided to, the Operator. 27 State or Territory laws do not prevent complying with request Nothing in a law of a State or a Territory prevents a person from giving information that the person is requested to give to the Operator for the purposes of the scheme unless that law is prescribed by the rules. 28 False or misleading information, documents or statements A person must not give information, produce a document or make a statement to an officer of the scheme if the person knows, or is reckless as to whether, the information, document or statement is false or misleading in a material particular. Note: This section is a civil penalty provision. Conduct prohibited by this section may also be an offence against the Criminal Code (see sections 136.1, 137.1 and 137.2 of the Code). Civil penalty: 60 penalty units. Division 4—The Operator must determine whether to approve the application 29 The Operator must make a determination on the application Requirement for the Operator to make a determination (1) If a person makes an application for redress, the Operator must make a determination to approve, or not approve, the application as soon as practicable. Determination to approve application (2) If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, then the Operator must: (a) approve the application; and (b) determine each participating institution that is responsible for the abuse (see section 15) and therefore liable for providing redress to the person under the scheme; and (c) determine, in accordance with section 30: (i) the amount of the redress payment for the person; and (ii) the amount of each responsible institution's share of the costs of the redress payment; and (iii) the amount of the Commonwealth's share of the costs of the redress payment; and (d) determine, in accordance with section 31: (i) the amount of the counselling and psychological component of redress for the person; and (ii) the amount of each responsible institution's share of the costs of that component; and (e) determine whether the counselling and psychological component of redress for the person consists of: (i) access to the counselling and psychological services that are provided under the scheme; or (ii) a counselling and psychological services payment; and (f) if the counselling and psychological component of redress for the person consists of a counselling and psychological services payment—determine that the amount of the payment equals the amount of the counselling and psychological component of redress for the person; and (g) for each responsible institution—determine the participating group (if any) of which the responsible institution is a member at that time; and (h) for a participating institution that was identified in the application and is not covered by a determination under