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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 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.



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