Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 42

  (1)   A person may accept an offer of redress by complying with this section.

  (2)   The person must give the Operator a document (the acceptance document ) that:

  (a)   is in the approved form; and

  (b)   states that the person accepts the offer; and

  (c)   states that the person releases and forever discharges each of the following institutions and officials (a released institution or official ) from all civil liability for abuse of the person that is within the scope of the scheme:

  (i)   all participating institutions that are determined by the Operator under paragraph   29(2)(b) to be responsible for the abuse of the person;

  (ii)   all participating institutions that are identified in the offer under paragraph   39(g) as being associates of those responsible institutions;

  (iii)   all officials of those responsible institutions and associates (other than an official who is an abuser of the person); and

  (d)   states that the person forgoes any entitlement to be paid damages by a released institution or official if the released institution or official were joined as a party to civil proceedings brought or continued by the person against another party in relation to abuse of the person that is within the scope of the scheme; and

  (e)   states that the person will not, whether as an individual, a representative party or a member of a group, bring or continue any civil claim against a released institution or official in relation to abuse of the person that is within the scope of the scheme; and

  (f)   states the components of redress that the person wishes to receive; and

  (g)   if the person wishes to receive a direct personal response--specifies the participating institutions and partly - participating institutions that the person wishes to receive a direct personal response from; and

  (h)   acknowledges that the person understands the effect of accepting the offer; and

  (i)   is signed by the person; and

  (j)   complies with any requirements prescribed by the rules.

  (3)   The person must give the Operator the acceptance document:

  (a)   before the end of the acceptance period; and

  (b)   in the manner (if any) prescribed by the rules.

  (4)   Rules made for the purposes of paragraph   (2)(j) must not require the person to enter into a confidentiality agreement.