NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018

Commonwealth Consolidated Acts

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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018

TABLE OF PROVISIONS

Long Title

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

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