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Declarations/Other as made
This instrument sets out the method, including matters to be taken into account for the purposes of working out the amount of redress payment for a person and the amount of the counselling and psychological component of redress for a person for the National Redress Scheme for Institutional Child Sexual Abuse.
Administered by: Social Services
Made 29 Jun 2018
Registered 29 Jun 2018
Tabled HR 13 Aug 2018
Tabled Senate 13 Aug 2018

Commonwealth Coat of Arms of Australia

 

National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018

I, Dan Tehan, Minister for Social Services, make the following declaration.

Dated   29 June 2018

Dan Tehan

Minister for Social Services

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Amount of redress payment                                                                                                   3

5............ Amount of redress payment.......................................................................................... 3

Part 3—Amount of counselling and psychological component of redress                    4

6............ Amount of counselling and psychological component of redress.................................. 4

 


Part 1Preliminary

  

1  Name

                   This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a) the commencement of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; and

(b) the start of the day after this instrument is registered.

1 July 2018 (paragraph (a) applies)

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 32 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    counselling and psychological component;

(b)    non‑sexual abuse;

(c)    redress payment;

(d)    related;

(e)    sexual abuse.

                   In this instrument:

Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

contact abuse: relevant sexual abuse of a person is contact abuse if:

                     (a)  any of that abuse involved physical contact with the person by someone else or by an object used by someone else (even if the rest of that abuse did not); and

                     (b)  none of that abuse involved penetration of the person.

exposure abuse: relevant sexual abuse of a person is exposure abuse if none of that abuse involved physical contact with the person (whether involving penetration of the person or not) by someone else or an object used by someone else.

extreme circumstances: sexual abuse of a person occurred in extreme circumstances if:

                     (a)  the abuse was penetrative abuse; and

                     (b)  taking into account:

                              (i)  whether the person was institutionally vulnerable; and

                             (ii)  whether there was related non‑sexual abuse of the person;

                            it would be reasonable to conclude that the sexual abuse was so egregious, long‑term or disabling to the person as to be particularly severe.

institutionally vulnerable: a person who suffered sexual abuse was institutionally vulnerable if, having regard to the following matters relating to the responsible institution for the abuse and the time of the abuse, it would be reasonable to conclude that the person’s living arrangements at the time increased the risk of sexual abuse of the person occurring:

                     (a)  whether the person lived in accommodation provided by the institution;

                     (b)  whether the institution was responsible for the day‑to‑day care or custody of the person;

                     (c)  whether the person had access to relatives or friends who were not in the day‑to‑day care or custody of the institution;

                     (d)  whether the person was reasonably able to leave the day‑to‑day care or custody of the institution;

                     (e)  whether the person was reasonably able to leave the place where the activities of the institution took place.

penetrative abuse: relevant sexual abuse of a person is penetrative abuse if any of that abuse involved penetration of the person (even if the rest of that abuse did not).

relevant sexual abuse of a person means all of the sexual abuse of the person within the scope of the scheme for which one or more participating institutions are responsible (even if one or more participating institutions are responsible for some of that abuse and one or more other participating institutions are responsible for the rest of the abuse).

Part 2Amount of redress payment

  

5  Amount of redress payment

             (1)  The amount of a redress payment for a person is worked out using the following table as described in subsection (2):

 

Amount of redress payment

 

Column 1

Kind of sexual abuse of the person

Column 2

Recognition of sexual abuse

Column 3

Recognition of impact of sexual abuse

Column 4

Recognition of related non‑sexual abuse

Column 5

Recognition person was institutionally vulnerable

Column 6

Recognition of extreme circumstances of sexual abuse

1

Penetrative abuse

$70,000

$20,000

$5,000

$5,000

$50,000

2

Contact abuse

$30,000

$10,000

$5,000

$5,000

Nil

3

Exposure abuse

$5,000

$5,000

$5,000

$5,000

Nil

Note 1:       Only one item of the table can be relevant to a person. This is because an item covers all relevant sexual abuse of the person.

Note 2:       The amount of the redress payment is also affected by section 30 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and the rules made for the purposes of that section.

             (2)  Total:

                     (a)  the amount in column 2 of the item of the table relevant to the sexual abuse of the person; and

                     (b)  if the person’s application to the Operator for redress indicates that the sexual abuse of the person had an impact on the person’s wellbeing—the amount in column 3 of that item; and

                     (c)  if there was non‑sexual abuse of the person that was related to the sexual abuse—the amount in column 4 of that item; and

                     (d)  if the person was institutionally vulnerable—the amount in column 5 of that item; and

                     (e)  if the sexual abuse occurred in extreme circumstances—the amount (if any) in column 6 of the item.

Part 3Amount of counselling and psychological component of redress

  

6  Amount of counselling and psychological component of redress

                   The amount of the counselling and psychological component of redress for a person is worked out using the following table:

 

Amount of the counselling and psychological component of redress

 

Column 1

Kind of sexual abuse of the person

Column 2

Amount of the component

1

Penetrative abuse

$5,000

2

Contact abuse

$2,500

3

Exposure abuse

$1,250