Commonwealth Consolidated Acts

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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 49

Protection of the redress payment--general

  (1)   A redress payment is a payment of compensation under the scheme. However, for the purposes of:

  (a)   the Social Security Act 1991 and the Veterans' Entitlements Act 1986 ; and

  (b)   any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

Note:   This subsection prevents a redress payment affecting other payments that may be payable to the person under legislation. For example, when determining whether a social security payment is payable, or the amount of such a payment, a redress payment is not to be taken into account.

  (2)   For the purposes of the application of any law of the Commonwealth, a State or a Territory in relation to a redress payment:

  (a)   the payment and the entitlement to the payment are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

  (b)   no amount may be deducted from the payment.

  (2A)   Subsections   (1) and (2) have effect subject to section   48.

  (3)   Nothing in this Act prevents a liability insurance contract from treating a redress payment as being a payment of compensation or damages.



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