National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018

made under section 32 of the

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

Compilation No. 1

Compilation date:    24 October 2019

Includes amendments up to: F2019L01369

Registered:    10 December 2019

About this compilation

This compilation

This is a compilation of the National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018 that shows the text of the law as amended and in force on 24 October 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Amount of redress payment

5 Amount of redress payment

Part 3—Amount of counselling and psychological component of redress

6 Amount of counselling and psychological component of redress

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

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

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 or by 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 2—Amount 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):

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 3—Amount 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:

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history