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National Redress Scheme for Institutional Child Sexual Abuse Act 2018
In force
Administered by
Department of Social Services
Superseded version
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C2018A00045
21 June 2018
-
30 June 2018
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Table of contents
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Chapter 1—Introduction
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Part 1-1—Introduction
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Division 1—Preliminary
1 Short title
2 Commencement
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Division 2—Objects of this Act
3 Objects of this Act
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Division 3—Simplified outline of this Act
4 Simplified outline of this Act
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Part 1-2—Definitions
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Division 1—Simplified outline of this Part
5 Simplified outline of this Part
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Division 2—The Dictionary
6 The Dictionary
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Chapter 2—The National Redress Scheme for Institutional Child Sexual Abuse
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Part 2-1—Establishment of the scheme
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Division 1—Simplified outline of this Part
7 Simplified outline of this Part
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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
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Part 2-2—Entitlement to redress under the scheme
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Division 1—Simplified outline of this Part
11 Simplified outline of this Part
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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?
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Part 2-3—How to obtain redress under the scheme
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Division 1—Simplified outline of this Part
18 Simplified outline of this Part
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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
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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 participating 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
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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
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Division 5—Notice of determination to applicant and participating institutions
34 Notice of determination to applicant
35 Notice of determination to participating institutions
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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
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Part 2-4—Offers and acceptance of redress
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Division 1—Simplified outline of this Part
38 Simplified outline of this Part
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Division 2—Offers of redress
39 Offer of redress
40 Acceptance period for offers of redress
41 Notice of offer to participating institutions
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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
45 Declining the offer of redress
46 Notice to participating institutions that the offer is declined
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Part 2-5—Provision of redress under the scheme
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Division 1—Simplified outline of this Part
47 Simplified outline of this Part
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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
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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
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Division 4—Direct personal responses
54 Direct personal response from responsible institutions
55 The direct personal response framework
56 General principles guiding provision of direct personal responses
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Chapter 3—Special rules to deal with exceptional cases
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Part 3-1—Special rules allowing entitlement to redress
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Division 1—Simplified outline of this Part
57 Simplified outline of this Part
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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
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Division 3—Abuse for which a Commonwealth institution or participating Territory institution is responsible
61 Abuse occurring inside a non-participating State
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Part 3-2—Special rules excluding entitlement to redress
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Division 1—Simplified outline of this Part
62 Simplified outline of this Part
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Division 2—Special assessment of applicants with serious criminal convictions
63 Special assessment of applicants with serious criminal convictions
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Division 3—Security notices
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Subdivision A—No entitlement to redress while security notice in force
64 Person not entitled to redress while security notice in force
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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 and the Human Services Secretary
68 Period a security notice is in force
69 Annual review of a security notice
70 Revoking a security notice
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Subdivision C—Other matters affected by a security notice
71 Other matters affected by a security notice
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Chapter 4—Administrative matters
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Part 4-1—Review of determinations
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Division 1—Simplified outline of this Part
72 Simplified outline of this Part
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Division 2—Review of determinations
73 Application for review of determination
74 Withdrawal of application for review
75 The review
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 participating institutions about review
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Part 4-2—Nominees
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Division 1—Simplified outline of this Part
80 Simplified outline of this Part
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Division 2—Appointment of nominees
81 Appointment of nominees
82 Suspension and revocation of nominee appointments
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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
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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
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Part 4-3—Protecting information under the scheme
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Division 1—Simplified outline of this Part
91 Simplified outline of this Part
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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
96 Additional authorisation—Operator disclosing for law enforcement or child safety or wellbeing
97 Additional authorisation—disclosing etc. for a permitted purpose
98 Additional authorisation—person engaged by participating 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
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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
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Division 4—Other matters
105 Disclosures to a court or tribunal
106 Disclosing information in good faith
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Chapter 5—Participating institutions, participating groups and participating jurisdictions
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Part 5-1—Participating institutions
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Division 1—Simplified outline of this Part
107 Simplified outline of this Part
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Division 2—Institutions participating in the scheme
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Subdivision A—Participating institutions
108 What is a participating institution?
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Subdivision B—Commonwealth institutions
109 What is a Commonwealth institution?
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Subdivision C—Participating State institutions
110 What is a participating State institution?
111 What is a State institution?
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Subdivision D—Participating Territory institutions
112 What is a participating Territory institution?
113 What is a Territory institution?
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Subdivision E—Participating non-government institutions
114 What is a participating non-government institution?
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Division 3—Ministerial declarations about participating institutions
115 Institutions becoming participating institutions
116 Institutions ceasing to be participating institutions
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Division 4—Participating defunct institutions
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Subdivision A—Participating defunct institutions
117 What is a participating defunct institution?
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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
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Division 5—Participating lone institutions
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Subdivision A—Participating lone institutions
124 What is a participating lone institution?
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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
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Part 5-2—Groups of institutions participating in the scheme
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Division 1—Simplified outline of this Part
132 Simplified outline of this Part
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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
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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
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Part 5-3—Jurisdictions participating in the scheme
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Division 1—Simplified outline of this Part
142 Simplified outline of this Part
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Division 2—Participating jurisdictions
143 What is a participating jurisdiction?
144 What is a participating State?
145 The referred national redress scheme matters
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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
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Chapter 6—Financial matters
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Part 6-1—Liability for funding
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Division 1—Simplified outline of this Part
148 Simplified outline of this Part
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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
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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
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Division 4—Appropriation
161 Appropriation
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Part 6-2—Funders of last resort
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Division 1—Simplified outline of this Part
162 Simplified outline of this Part
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Division 2—Funders of last resort
163 Funders of last resort
164 Listing defunct institutions
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Division 3—Special rules for funder of last resort cases
165 Special rules for funder of last resort cases
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Part 6-3—Debt recovery
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Division 1—Simplified outline of this Part
166 Simplified outline of this Part
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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
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Chapter 7—Other matters
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Part 7-1—Application of this Act
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Division 1—Simplified outline of this Part
173 Simplified outline of this Part
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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
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Part 7-2—The National Redress Scheme Rules
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Division 1—Simplified outline of this Part
178 Simplified outline of this Part
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Division 2—The National Redress Scheme Rules
179 The National Redress Scheme Rules
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Part 7-3—Other matters
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Division 1—Simplified outline of this Part
180 Simplified outline of this Part
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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
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Division 3—Delegation
183 Delegation by the Minister
184 Delegation by the Operator
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Division 4—Independent decision-makers
185 Engaging persons to be independent decision-makers
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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