National Redress Scheme for Institutional Child Sexual Abuse Rules 2018

In force

Administered by

Department of Social Services

This item is authorised by the following title:

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

Latest version

View as made version

F2025C00180 C09

19 February 2025

Table of contents

Part 1—Preliminary
- 1 Name
- 3 Authority
- 4 Definitions
Part 1A—Persons eligible for redress
- 4A Simplified outline of this part
- 4B Eligibility of certain child migrants from the United Kingdom and Malta
Part 2—Abuse within the scope of the scheme
- 5 Simplified outline of this Part
- 6 Abuse by child
Part 3—Responsibility of institutions
- Division 1—Simplified outline of this Part
  - 7 Simplified outline of this Part
- Division 2—When institutions are equally responsible
- 8 Participating government institution that arranged for non government institution’s responsibility for day to day care of person is equally responsible with that institution
- 9 Equal responsibility of Commonwealth defence institution and other institution for abuse of cadet
- 10 Responsibility for abuse of certain child migrants from the United Kingdom and Malta
- Division 3—When an institution is not responsible
- 11 Institution ordered by court to pay compensation or damages is not responsible
- 12 Circumstances in which government authority is not responsible
Part 4—Applications for redress
- 13 Simplified outline of this Part
- 15 Dealing with application by child
Part 4A—Compliance with request for information
- Division 1—Simplified outline of this Part
  - 15A Simplified outline of this Part
- Division 2—State or Territory laws that may prevent a person from providing information to the Operator
  - 15B State or Territory laws that may prevent a person from providing information to the Operator
Part 5—When determination about application for redress may be revoked
- 16 Simplified outline of this Part
- 17 Circumstances in which determination may or must be revoked
Part 6—Sharing of costs of redress components
- Division 1—Simplified outline of this Part
  - 18 Simplified outline of this Part
- Division 2—Requirements for working out institution’s gross liability amount
- Division 3—Payments that are not relevant prior payments reducing institution’s share of costs of redress payment
- 26 Payments that are not relevant prior payments
- Division 4—Institution’s share of costs of counselling and psychological component
- 27 Responsible institution’s share of costs of counselling and psychological component
- Division 5—Special rules for funder of last resort cases
- 28 Special rules for funder of last resort cases
- Division 6—Special rules if institution ordered by court to pay compensation or damages
- 29 Special rules if institution ordered by court to pay compensation or damages for abuse
- Division 7—Special rules for crediting reassessment surplus to institutions and funder of last resort
- 29A Special rules for crediting reassessment surplus to institutions and funder of last resort
Part 7—Acceptance of redress
- 30 Simplified outline of this Part
- 31 Requirements for content of acceptance document for offer of redress
- 31A Requirement for content of notice to funders of last resort that the offer is accepted
Part 8—Provision of redress
- Division 1—Simplified outline
  - 32 Simplified outline of this Part
- Division 2—Payment of redress payment and counselling and psychological services payment
  - 33 Payment of redress payment and counselling and psychological services payment
- Division 3—Notice relating to redress payment if applicant dies before accepting or declining offer of redress
Part 8A—Notice relating to reassessment of determinations
- 35D Simplified outline of this Part
- 35E Notices to institutions about reassessment of determination
- 35F Notice of decision to affirm current determination to participating jurisdictions and institutions
Part 9—Notice of certain decisions affecting entitlement of certain offenders to redress
- 36 Simplified outline of this Part
- 37 Notice of certain decisions affecting entitlement of certain offenders to redress
Part 10—Notices about effect of security notices
- 38 Simplified outline of this Part
- 39 Notices about the effect of subsections 71(1), (2), (2A) and (2B) of the Act
Part 11—Disclosure of protected information
- 40 Simplified outline of this Part
- 41 Power to certify that disclosure is necessary in the public interest
- 42 Matters to which the Operator must have regard
- 43 When public interest certificate may be given
- 44 Protecting public revenue
- 45 Protecting the Commonwealth, States and Territories
- 46 Proceeds of crime order
- 47 Extradition
- 48 International assistance in criminal matters
- 49 Mistake of fact
- 50 Ministerial briefing
- 51 Missing person
- 52 Deceased person
- 53 Research, statistical analysis and policy development
- 54 Reparations
- 54A Aged care means testing—amounts excluded from a person’s total assessable income and assets
Part 11A—Institutions that are not State or Territory institutions
- Division 1—Simplified outline of this Part
  - 54AA Simplified outline of this Part
- Division 2—Institutions that are not State institutions
  - 54B Institutions that are not State institutions
- Division 3—Institutions that are not Territory institutions
  - 54C Institutions that are not Territory institutions
Part 11B—Institutions that are State or Territory institutions
- Division 1—Simplified outline of this Part 11B
  - 54D Simplified outline of this part
- Division 2—Institutions that are State institutions
  - 54E Institutions that are State institutions
Part 12—Participating institutions and participating groups
- Division 1—Simplified outline of this Part
  - 55 Simplified outline of this Part
- Division 2—Participating institutions
- Division 3—Groups of participating institutions
- Division 4—General rules about representatives
  - 65 Limit on who can be representative for defunct institution, lone institution or participating group
Part 13—Financial matters
- Division 1—Simplified outline of this Part
  - 66 Simplified outline of this Part
- Division 2—Institution’s contribution to costs of administration of scheme for quarter
  - 67 Institution’s contribution to costs of administration of scheme for quarter
- Division 3—Funders of last resort
  - 68 Written agreement by the Commonwealth or a participating Territory to a listing
  - 69 Written withdrawal of agreement by the Commonwealth or a participating Territory to a listing
Part 14—Other matters
- Division 1—Simplified outline of this Part
  - 70 Simplified outline of this Part
- Division 2—Overriding provisions in settlements inhibiting access to the scheme
  - 71 Overriding provisions in settlements inhibiting access to the scheme
- Division 3—Notices to the Operator
- Division 3A—Protected names and protected symbols
  - 74A Protected symbols
- Division 4—Annual report
  - 75 Requirements for annual report on operation of the scheme
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Editorial changes

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National Redress Scheme for Institutional Child Sexual Abuse Rules 2018

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National Redress Scheme for Institutional Child Sexual Abuse Rules 2018

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