National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth)
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Contents
This Act is the
National Redress Scheme for Institutional Child Sexual Abuse Act 2018 .
(1) Each provision of this Act 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.
The whole of this Act | As follows:
However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 July 2018 (paragraph (a) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(1) The main objects of this Act are:
(a) to recognise and alleviate the impact of past institutional child sexual abuse and related abuse; and
(b) to provide justice for the survivors of that abuse.
(2) For the purposes of achieving those objects, the objects of this Act are also:
(a) to establish the National Redress Scheme for Institutional Child Sexual Abuse; and
(b) to provide redress under the scheme which consists of:
(i) a monetary payment to survivors as a tangible means of recognising the wrong survivors have suffered; and
(ii) a counselling and psychological component which, depending on where the survivor lives, consists of access to counselling and psychological services or a monetary payment; and
(iii) a direct personal response to survivors from the participating institutions and partly‑participating institutions responsible; and
(c) to enable institutions responsible for abuse of survivors to participate in the scheme to provide that redress to those survivors; and
(d) to implement the joint response of:
(i) the Commonwealth Government; and
(ii) the government of each participating State; and
(iii) the government of each participating Territory;
to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to redress.
This Act establishes the National Redress Scheme for Institutional Child Sexual Abuse to provide redress to survivors of past institutional child sexual abuse.
Redress under the scheme is for abuse that is within the scope of the scheme. Abuse of a person is within the scope of the scheme if:
(a) it occurred when the person was a child; and
(b) it occurred before the scheme start day; and
(c) it occurred inside a participating State, inside a Territory, or outside Australia (that is, it did not occur inside a State that is not participating in the scheme).
Redress consists of 3 components:
(a) a redress payment (of up to $150,000); and
(b) a counselling and psychological component which, depending on where the person lives, consists of access to counselling and psychological services or a counselling and psychological services payment (of up to $5,000); and
(c) a direct personal response from each participating institution (and, in certain circumstances, partly‑participating institutions) responsible for the abuse.
To be entitled to redress, a number of conditions need to be met. First, the person must make an application for redress. Then the person must meet the eligibility criteria. These are that:
(a) the person was sexually abused; and
(b) the abuse is within the scope of the scheme; and
(c) the abuse is of a kind for which the maximum amount of redress payment worked out under the assessment framework would be more than nil; and
(d) one or more participating institutions (or certain other institutions) are responsible for the abuse; and
(e) at the time of the application, the person is an Australian citizen or a permanent resident.
An institution is responsible for abuse of a person if the abuse occurred in circumstances where the institution is primarily or equally responsible for the abuser having contact with the person. Various circumstances are relevant to determining that question (e.g. whether the abuser was an official of the institution).
The participating institutions are:
(a) all Commonwealth institutions; and
(b) any State institution that is declared to be a participating institution; and
(c) any Territory institution that is declared to be a participating institution; and
(d) any non‑government institution that is declared to be a participating institution.
If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, the Operator must approve the application and make an offer of redress to the person. The person may accept or decline the offer.
If the person accepts the offer, then the person becomes entitled to redress under the scheme. The person is required to release particular institutions and officials from all civil liability for the abuse. Those institutions and officials are the participating institutions determined by the Operator to be responsible for the abuse, their officials, their associates and the officials of their associates. The abuser is not released from liability.
Once entitled, the person will be provided with redress under the scheme.
If the person declines the offer, then the person is not entitled to redress under the scheme. The person is not required to release any institution or official from liability for the abuse.
In certain circumstances, the Operator may make an advance payment for a person who has applied for redress.
The Operator is responsible for the administration of the scheme. To ensure that the scheme is survivor‑focussed, the Operator (and other officers of the scheme) must take into account general guiding principles when taking action under the scheme. For example, one of the principles is that redress must be assessed and provided so as to avoid further harming or traumatising the person.
Participating institutions that are determined by the Operator to be responsible for the abuse of a person are liable for the costs of providing redress to the person. Those institutions are also liable for contributing to the costs of the administration of the scheme. The Operator is responsible for recovering those costs from those institutions through funding contributions, which those institutions are required to pay on a quarterly basis.
Many terms used in this Act are defined to have a particular meaning for this Act. For this reason, this Act has a Dictionary (in section 6).
The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to the provision that has that definition.
In this Act:
abuse means sexual abuse or non‑sexual abuse.
abuser : a person is theabuser of another person if the person has abused the other person.
acceptance document : see subsection 42(2).
acceptance period : see section 40.
administrator : see subsection 48(1A).
adoption Act : see subsection 144(9).
advance payment : see subsection 56B(1).
amendment reference : see subsection 144(3).
approved form means a form approved under section 188.
assessment framework : see subsection 32(2).
assessment framework policy guidelines : see subsection 33(3).
assistance nominee means a person who is appointed as an assistance nominee under paragraph 81(1)(a).
associate : for when a participating institution is anassociate of another participating institution, see subsections 133(3) and 135(5).
child means a person under the age of 18.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth institution : see section 109.
component of redress means any of the 3 components of redress referred to in subsection 16(1).
counselling and psychological component of redress means:
(a) the counselling and psychological services payment; or
(b) access to counselling and psychological services under the scheme.
counselling and psychological services contribution : see section 160.
counselling and psychological services payment means a payment payable under subsections 51(3) to (3D).
declared provider : see subsection 146(2).
defunct : an institution isdefunct if it is no longer in existence.
direct personal response : see subsection 54(2).
direct personal response framework : see subsection 55(2).
eligible : see section 13.
eligible funding jurisdiction for an institution in relation to abuse: see section 164D.
entitled : see subsections 12(2), (3) and (4).
equally responsible : for when an institution isequally responsible for abuse of a person, see subsections 15(3), (5) and (6).
express amendment : see subsection 144(9).
financial institution means a body corporate that is an authorised deposit‑taking institution for the purposes of theBanking Act 1959 .
Foreign Affairs Minister means the Minister administering theAustralian Passports Act 2005 .
funder of last resort : see section 163.
funding contribution : see section 150.
government institution means a Commonwealth institution, State institution or Territory institution.
Home Affairs Minister means the Minister administering theAustralian Security Intelligence Organisation Act 1979 .
Human Services Department means Services Australia.
incorporated lone institution : see paragraph 124(3)(b).
independent decision‑maker : see subsection 185(3).
initial referred provisions : see subsection 144(9).
institution means any body, entity, group of persons or organisation (whether or not incorporated), but does not include a family or an individual.
institutions’ total share : see subsection 30(3).
legal nominee means a person who is appointed as a legal nominee under paragraph 81(1)(b).
listed : see subsections 164(1), 164A(1), 164B(1) and 164C(1).
lone institution : see subsection 124(2).
maximum amount : see step 1 of the method statement in subsection 30(2).
National Redress Scheme Agreement means the Intergovernmental Agreement on the National Redress Scheme for Institutional Child Sexual Abuse, as in force from time to time.
National Redress Scheme Operator : see the definition ofOperator .
National Service Standards means the National Service Standards set out in the National Redress Scheme Agreement.
nominee means an assistance nominee or a legal nominee.
non‑government institution : see subsections 114(2) and (3).
non‑participating State means a State that is not a participating State.
non‑sexual abuse includes physical abuse, psychological abuse and neglect.
officer of the scheme means:
(a) a person in the Department or the Human Services Department performing duties, or exercising powers or functions, under or in relation to this Act (including the Operator); or
(b) an independent decision‑maker; or
(c) a person prescribed by the rules.
official of an institution means a person who is or has been an officer, employee, volunteer or agent of the institution.
Operator (short for National Redress Scheme Operator) means the person who is the Secretary of the Department, in the person’s capacity as Operator of the scheme (as referred to in section 9).
original determination : see paragraph 73(1)(b).
original version of this Act : see subsection 144(9).
participating defunct institution : see section 117.
participating government institution means:
(a) a Commonwealth institution; or
(b) a participating State institution; or
(c) a participating Territory institution.
participating group : see subsection 133(2).
participating incorporated lone institution : see subsection 124(5).
participating institution : see section 108 and subsection 116(7).
participating jurisdiction : see section 143.
participating lone institution : see subsection 124(1).
participating non‑government institution : see subsection 114(1).
participating State : see section 144.
participating State institution : see section 110.
participating Territory means the Australian Capital Territory or the Northern Territory.
participating Territory institution : see section 112.
participating unincorporated lone institution : see subsection 124(4).
partly‑participating institution means an institution that is listed under section 164B.
permitted purpose : see paragraph 97(1)(e).
primarily responsible : for when an institution isprimarily responsible for abuse of a person, see subsections 15(2), (5) and (6).
production period : see paragraphs 24(3)(c) and 25(4)(c).
protected information : see subsection 92(2).
quarter : see subsection 149(2).
reasonable likelihood , in relation to a person being eligible for redress, means the chance of the person being eligible is real, is not fanciful or remote and is more than merely plausible.
reassessment contribution : see subsection 71Y(2).
reassessment deficit : see subsection 71X(3).
reassessment surplus : see subsection 71X(4).
redress : see subsection 16(1).
redress element : see section 151.
redress payment means a payment payable under section 48, 60 or 71Q.
referral Act : see subsection 144(9).
referred national redress scheme matters : see subsections 145(1) and (2).
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
related : non‑sexual abuse of a person isrelated to sexual abuse of the person if an institution is responsible for both the sexual abuse and the non‑sexual abuse of the person.
released institution or official : see paragraph 42(2)(c).
relevant prior payment : see step 3 of the method statement in subsection 30(2).
relevant version of this Act : see subsection 144(9).
representative :
(a) for a participating defunct institution: see subsections 118(2), (3), (4) and (5) and 120(4); or
(b) for a participating lone institution: see subsections 125(2) and (3) and 128(4); or
(c) for a participating group: see subsections 136(2), (3), (4) and (5) and 138(4).
responsible : for when an institution isresponsible for abuse of a person, see subsections 15(1), (5) and (6).
responsible institution : a participating institution is aresponsible institution in relation to abuse of a person if the Operator has determined under paragraph 29(2)(b) that the institution is responsible for that abuse.
review determination : see paragraph 75(2)(b).
review period for a determination under section 29: see subsections 34(4) to (10).
rules means the rules made by the Minister under section 179.
saved amount :
(a) for a redress payment: see subsection 50(2); or
(b) for a counselling and psychological services payment: see subsection 53(2); or
(c) for an advance payment: see subsection 56D(2).
scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under section 8.
scheme administration element : see subsection 152(1).
scheme start day means the day this Act commences.
scheme sunset day : see subsection 193(1).
security notice : see subsection 65(1).
sexual abuse of a person who is a child includes any act which exposes the person to, or involves the person in, sexual processes beyond the person’s understanding or contrary to accepted community standards.
State institution : see section 111.
State redress mechanism : see subsection 145(4).
survivor means a person who has suffered sexual abuse that is within the scope of the scheme.
Territory means a Territory referred to in section 122 of the Constitution.Note: A participating Territory is a type of Territory, but there are other Territories that are covered by this definition (e.g. the Jervis Bay Territory).
Territory institution : see section 113.
text reference : see subsection 144(2).
this Act includes:
(a) the rules; and
(b) any other instrument made under this Act.
unincorporated lone institution : see paragraph 124(3)(a).
wholly‑owned Commonwealth company has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
within the scope : for when abuse iswithin the scope of the scheme, see section 14.
This Part formally establishes the National Redress Scheme for Institutional Child Sexual Abuse. It provides that the Operator is responsible for operating the scheme. It also sets out general principles that the Operator and other officers of the scheme must take into account, for the benefit and protection of survivors, when taking action under the scheme.
The National Redress Scheme for Institutional Child Sexual Abuse is established by this Act.
(1) The Secretary of the Department is the National Redress Scheme Operator.
(2) The Operator is responsible for operating the scheme.
(3) The Operator may arrange for support and assistance (including legal assistance) to be provided to a person (including a person who is an applicant, or prospective applicant, for redress) in relation to the doing of things under, or for the purposes of, the scheme.
Note: For example, the Operator might arrange for support and assistance to be provided to help prepare a person’s application for redress.
(4) The Operator may, on behalf of the Commonwealth:
(a) enter into a contract, agreement, deed or understanding relating to the provision of support or assistance provided under the scheme; and
(b) vary and administer that contract, agreement, deed or understanding.
(1) This section sets out the principles that must be taken into account by the Operator and other officers of the scheme when taking action under, or for the purposes of, the scheme.
(2) Redress under the scheme should be survivor‑focussed.
(3) Redress should be assessed, offered and provided with appropriate regard to:
(a) what is known about the nature and impact of child sexual abuse, and institutional child sexual abuse in particular; and
(b) the cultural needs of survivors; and
(c) the needs of particularly vulnerable survivors.
(4) Redress should be assessed, offered and provided so as to avoid, as far as possible, further harming or traumatising the survivor.
(5) Redress should be assessed, offered and provided in a way that protects the integrity of the scheme.
For a person to be entitled to redress under the scheme, a number of conditions need to be met.
First, the person must make an application for redress under the scheme.
Then the person must meet the eligibility criteria for redress. These are that the person was sexually abused, the abuse is within the scope of the scheme, the abuse is of a kind for which the amount of redress payment worked out under the assessment framework would be more than nil, one or more participating institutions (or, in certain circumstances, one or more institutions that are listed for a participating jurisdiction under section 164A, 164B or 164C) are responsible for the abuse, and, at the time of the application, the person is an Australian citizen or a permanent resident.
If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, the Operator must approve the application and make an offer of redress to the person. The person may accept or decline the offer. (Offers and acceptance of redress are dealt with in Part 2‑4.)
If the person accepts the offer, then the person becomes entitled to redress under the scheme. The person is required to release particular institutions and officials from all civil liability for the abuse. Those institutions are the participating institutions determined by the Operator to be responsible for the abuse, their officials, their associates and the officials of their associates. The abuser is not released from liability.
Once entitled, the person will be provided with redress under the scheme. (Provision of redress is dealt with in Part 2‑5.)
If the person declines the offer, then the person is not entitled to redress under the scheme. The person is not required to release any institution or official from civil liability for the abuse.
(1) A person can only be provided with redress under the scheme if the person is entitled to it.
(2) A person is
entitled to redress under the scheme if:
(a) the person applies for redress under section 19; and
(b) the Operator considers that there is a reasonable likelihood that the person is eligible for redress under the scheme (see section 13 for eligibility); and
(c) the Operator approves the application under section 29; and
(d) the Operator makes an offer of redress to the person under section 39; and
(e) the person accepts the offer in accordance with section 42.
(3) A person is also
entitled to redress, or a component of redress, under the scheme if this Act or the rules prescribe that the person is entitled to it.Note: For cases where this Act prescribes that a person is entitled to redress, or a component of redress, under the scheme, see Part 3‑1.
(4) Despite subsections (2) and (3), a person is not
entitled to redress, or a component of redress, under the scheme if this Act or the rules prescribe that the person is not entitled to it.Note: For cases where this Act prescribes that a person is not entitled to redress, or a component of redress, under the scheme, see Part 3‑2.
(1) A person is
eligible for redress under the scheme if:
(a) the person was sexually abused; and
(b) the sexual abuse is within the scope of the scheme (see section 14); and
(c) the sexual abuse is of a kind for which the maximum amount of redress payment that could be payable to the person (as worked out under the assessment framework) would be more than nil; and
(d) one or more of the following are responsible for the abuse (see section 15):
(i) a participating institution;
(ii) an institution that is listed for a participating jurisdiction under section 164A, 164B or 164C (if a participating jurisdiction is an eligible funding jurisdiction for the institution in relation to the abuse); and
(e) the person is an Australian citizen or a permanent resident (within the meaning of the
Australian Citizenship Act 2007 ) at the time the person applies for redress.Note 1: To be eligible for redress, a person must have been sexually abused. However, redress is for the sexual abuse, and related non‑sexual abuse, of the person that is within the scope of the scheme.
Note 2: For which institutions are participating institutions, see section 108.
(2) A person is also
eligible for redress under the scheme if this Act or the rules prescribe that the person is eligible for it.(3) Despite subsections (1) and (2), a person is not
eligible for redress under the scheme if this Act or the rules prescribe that the person is not eligible for it.
(1) Abuse of a person is
within the scope of the scheme if:
(a) it occurred when the person was a child; and
(b) it occurred:
(i) inside a participating State; or
(ii) inside a Territory; or
(iii) outside Australia; and
(c) it occurred before the scheme start day.
(2) Abuse of a person is
within the scope of the scheme if this Act or the rules prescribe that it is.(3) Despite subsections (1) and (2), abuse of a person is not
within the scope of the scheme if this Act or the rules prescribe that it is not.
When is an institution responsible for abuse?
(1) An institution (whether or not a participating institution) is
responsible for abuse of a person if the institution is primarily responsible or equally responsible for the abuse.
When an institution is primarily responsible for abuse
(2) An institution is
primarily responsible for abuse of a person if the institution is solely or primarily responsible for the abuser having contact with the person.
When an institution is equally responsible for abuse
(3) An institution is
equally responsible for abuse of a person if:
(a) the institution and one or more other institutions are approximately equally responsible for the abuser having contact with the person; and
(b) no institution is primarily responsible for the abuse of the person.
Relevant circumstances for determining responsibility
(4) Without limiting the circumstances that might be relevant for determining under subsection (2) or (3) whether an institution is primarily responsible or equally responsible for the abuser having contact with the person, the following circumstances are relevant:
(a) whether the institution was responsible for the day‑to‑day care or custody of the person when the abuse occurred;
(b) whether the institution was the legal guardian of the person when the abuse occurred;
(c) whether the institution was responsible for placing the person into the institution in which the abuse occurred;
(d) whether the abuser was an official of the institution when the abuse occurred;
(e) whether the abuse occurred:
(i) on the premises of the institution; or
(ii) where activities of the institution took place; or
(iii) in connection with the activities of the institution;
(f) any other circumstances that are prescribed by the rules.
Note: When determining the question whether an institution is responsible for abuse of a person, the circumstances listed in this subsection are relevant to that question, but none of them on its own is determinative of that question.
(5) Despite subsections (1), (2) and (3), an institution is
responsible ,primarily responsible orequally responsible for abuse of a person in the circumstances (if any) prescribed by the rules.(6) Despite subsections (1), (2) and (3), an institution is not
responsible ,primarily responsible orequally responsible for abuse of a person in the circumstances (if any) prescribed by the rules.
(1)
Redress for a person consists of 3 components:
(a) a redress payment (of up to $150,000); and
(b) a counselling and psychological component which, depending on where the person lives (as stated in the person’s application for redress), consists of:
(i) access to counselling and psychological services provided under the scheme; or
(ii) a payment (of up to $5,000) to enable the person to access counselling and psychological services provided outside of the scheme; and
(c) a direct personal response from:
(i) each of the participating institutions that are determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse of the person; and
(ii) each of the partly‑participating institutions that are determined by the Operator under paragraph 29(2)(j) to be responsible for the abuse of the person and for which the Operator determines under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort in relation to the abuse.
Note: For what a direct personal response consists of, see subsection 54(2).
(2) A person who is entitled to redress under the scheme may choose to accept 1, 2 or all 3 of those components of redress.
(3) If 2 or more participating institutions or partly‑participating institutions are determined to be responsible for the person’s abuse and the person chooses to be given a direct personal response, then the person may choose to be given a direct personal response from each of those institutions, or from only some or one of them.
Redress for a person is for the sexual abuse, and related non‑sexual abuse, of the person that is within the scope of the scheme.
Note: While redress is for both the sexual and related non‑sexual abuse of a person that is within the scope of the scheme, to be eligible for redress in the first place, there must have been sexual abuse within the scope of the scheme (see paragraph 13(1)(b)).
To be entitled to redress under the scheme, a person must make an application for it. To be valid, the application must comply with the requirements set out in section 19 (e.g. it must include any information required by the Operator).
Once the application is made, the Operator can request the person and participating institutions to provide further information to the Operator for the purposes of determining the application (see sections 24 and 25).
A person can make only one application for redress under the scheme. Whether the application is successful or unsuccessful, the person will not be able to make another application for redress under the scheme (unless the person withdraws the application before the Operator makes a determination about whether or not to approve it). There are certain circumstances where a person cannot make an application for redress. These circumstances are set out in section 20.
The Operator must make a determination to approve, or not approve, the application as soon as practicable. If the Operator considers there is a reasonable likelihood that the person is eligible for redress, then the Operator must approve the application and make a number of other important determinations under subsection 29(2). For example, the Operator must make a determination about which participating institutions are responsible for the abuse and therefore liable for providing redress to the person. The Operator must also make a determination about the amount of the redress payment that is payable to the person, as well as the amount of the counselling and psychological component of redress for the person.
The Operator must give the person written notice of the Operator’s determination on the application. The notice must state whether or not the application has been approved, the reasons for the determination and that the person may apply for review of the determination. The Operator must also give written notice of the determination to the participating institutions that are specified in the determination (such as the responsible institutions). If the application is approved, the Operator must also give written notice to any funders of last resort that are specified in the determination.
If the Operator has approved the application, the Operator must also give the person an offer of redress with the notice. (Offers and acceptance of redress are dealt with in Part 2‑4.)
(1) To obtain redress under the scheme, a person must make an application to the Operator.
(2) To be valid, the application must:
(a) be in the approved form; and
(b) specify where the person lives; and
(c) include any information, and be accompanied by any documents, required by the Operator.
(3) The Operator is not required to make a determination on an application that is not valid.
(1) A person cannot make an application for redress under the scheme if:
(a) the person has already made an application for redress under the scheme; or
(b) a security notice is in force in relation to the person; or
(c) the person is a child who will not turn 18 before the scheme sunset day; or
(e) the application is being made in the period of 12 months before the scheme sunset day.
(2) Paragraph (1)(e) does not apply if the Operator determines there are exceptional circumstances justifying the application being made.
(3) Before making a determination under subsection (2), the Operator must comply with any requirements prescribed by the rules.
(1) If:
(a) a person makes an application for redress under the scheme; and
(b) the person is a child who will turn 18 before the scheme sunset day;
then the Operator must deal with the application in accordance with any requirements prescribed by the rules.
(2) Rules made for the purposes of subsection (1) apply despite subsection 29(1) (which requires the Operator to make a determination on the application as soon as practicable).
(1) A person may withdraw an application for redress at any time before the Operator makes a determination on the application under section 29.
(2) If the person withdraws the application under subsection (1), then for the purposes of this Act (other than subsection 167(4A)) it is treated as not having been made.
(1) If:
(a) a person withdraws an application under subsection 22(1); and
(b) before the withdrawal, the Operator had requested a participating institution under section 25 to provide information that may be relevant to the application;
then the Operator must give the institution written notice that the person has withdrawn the application.
(2) The notice must also comply with any requirements prescribed by the rules.
(1) If the Operator has reasonable grounds to believe that a person who has applied for redress has information that may be relevant to determining the application, then the Operator may request the person to give the information to the Operator.
Note: The request for information may be accompanied by information that has been disclosed by an institution in relation to the application.
(2) The request must be made by written notice given to the person.
(3) The notice must specify:
(a) the nature of the information that is requested to be given; and
(b) how the person is to give the information to the Operator; and
(c) the period (the
production period ) within which the person is requested to give the information to the Operator; and(d) that the notice is given under this section.
(4) The production period must be at least:
(a) if the Operator considers the application is urgent—4 weeks; and
(b) otherwise—8 weeks;
beginning on the date of the notice.
(5) The Operator may, by written notice to the person, extend the production period if the Operator considers it appropriate to do so.
(6) An extension under subsection (5) may be given:
(a) on the Operator’s own initiative; or
(b) on a request made by the person under subsection (7).
(7) The person may request the Operator to extend the production period. The request must:
(a) be made before the end of the production period; and
(b) comply with any requirements prescribed by the rules.
(1) If a person has applied for redress and either:
(a) the application identifies a particular participating institution or partly‑participating institution as being involved in the abuse of the person; or
(b) the Operator has reasonable grounds to believe that a participating institution or partly‑participating institution may be responsible for the abuse of the person;
then the Operator must request the institution to give any information that may be relevant to the application to the Operator.
Note: The request for information may be accompanied by information that has been disclosed by the applicant or another institution in relation to the application.
(2) If a person has applied for redress and the Operator has reasonable grounds to believe that a participating institution or partly‑participating institution has information that may be relevant to determining the application, then the Operator may request the institution to give the information to the Operator.
Note: The request for information may be accompanied by information that has been disclosed by the applicant or another institution in relation to the application.
(3) The request under subsection (1) or (2) must be made by written notice given to the institution.
(4) The notice must specify:
(a) the nature of the information that is requested to be given; and
(b) how the institution is to give the information to the Operator; and
(c) the period (the
production period ) within which the institution is requested to give the information to the Operator; and(d) that the notice is given under this section.
(5) The production period must be at least:
(a) if the Operator considers the application is urgent—4 weeks; and
(b) otherwise—8 weeks;
beginning on the date of the notice.
(6) The Operator may, by notice to the institution, extend the production period if the Operator considers it appropriate to do so.
(7) An extension under subsection (6) may be given:
(a) on the Operator’s own initiative; or
(b) on a request made by the institution under subsection (8).
(8) The institution may request the Operator to extend the production period. The request must:
(a) be made before the end of the production period; and
(b) comply with any requirements prescribed by the rules.
(1) If:
(a) under section 24, the Operator requests a person who has made an application for redress to provide further information; and
(b) the information requested is not provided in the production period referred to in that section;
then the Operator is not required to make a determination on the application until the information is provided.
(2) If:
(a) under section 25, the Operator requests a participating institution or partly‑participating institution to provide information in relation to an application for redress; and
(b) the information requested is not provided in the production period referred to in that section;
then the Operator may progress the application and make a determination on it on the basis of the information that has been obtained by, or provided to, the Operator.
Nothing in a law of a State or a Territory prevents a person from giving information that the person is requested to give to the Operator for the purposes of the scheme unless that law is prescribed by the rules.
A person must not give information, produce a document or make a statement to an officer of the scheme if the person knows, or is reckless as to whether, the information, document or statement is false or misleading in a material particular.
Note: This section is a civil penalty provision. Conduct prohibited by this section may also be an offence against the
Criminal Code (see sections 136.1, 137.1 and 137.2 of the Code).Civil penalty: 60 penalty units.
Requirement for the Operator to make a determination
(1) If a person makes an application for redress, the Operator must make a determination to approve, or not approve, the application as soon as practicable.
Determination to approve application
(2) If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, then the Operator must:
(a) approve the application; and
(b) determine each participating institution that is responsible for the abuse (see section 15) and therefore liable for providing redress to the person under the scheme; and
(c) determine, in accordance with section 30:
(i) the amount of the redress payment for the person; and
(ii) the amount of each responsible institution’s share of the costs of the redress payment; and
(iii) the amount of the Commonwealth’s share of the costs of the redress payment; and
(d) determine, in accordance with section 31:
(i) the amount of the counselling and psychological component of redress for the person; and
(ii) the amount of each responsible institution’s share of the costs of that component; and
(e) determine whether the counselling and psychological component of redress for the person consists of:
(i) access to the counselling and psychological services that are provided under the scheme; or
(ii) a counselling and psychological services payment; and
(f) if the counselling and psychological component of redress for the person consists of a counselling and psychological services payment—determine that the amount of the payment equals the amount of the counselling and psychological component of redress for the person; and
(g) for each responsible institution—determine the participating group (if any) of which the responsible institution is a member at that time; and
(h) for a participating institution that was identified in the application and is not covered by a determination under paragraph (b)—determine that the participating institution is not responsible for the abuse and therefore not liable for providing redress to the person under the scheme; and
(i) if:
(i) the Operator determines, in accordance with section 15, that a participating government institution is equally responsible with a defunct institution for the abuse; and
(ii) the defunct institution is listed for the participating jurisdiction that the participating government institution belongs to under section 164;
determine that the participating government institution is a funder of last resort for the defunct institution in relation to the abuse; and
(j) determine each of the following institutions that is responsible for the abuse (see section 15):
(i) a defunct institution that is listed for a participating jurisdiction under section 164A and that the Operator does not determine is equally responsible with a participating government institution for the abuse;
(ii) a partly‑participating institution (see section 164B);
(iii) an institution that is listed for a participating jurisdiction under section 164C;
(k) for each institution that is covered by a determination under paragraph (j)—determine:
(i) each participating jurisdiction that is an eligible funding jurisdiction for the institution in relation to the abuse (see section 164D); and
(ii) that each of those eligible funding jurisdictions is a funder of last resort for the institution in relation to the abuse and therefore liable for providing redress to the person under the scheme; and
(l) if the Operator determines under paragraph (k) that one or more funders of last resort are liable for providing redress to the person under the scheme—determine, in accordance with section 165A:
(i) the amount of each of those funders of last resort’s (other than the Commonwealth’s) share of the costs of the redress payment for the person; and
(ii) the amount of each of those funders of last resort’s (other than the Commonwealth’s) share of the costs of the counselling and psychological component of redress for the person; and
(iii) the amount of the Commonwealth’s share of the costs of the counselling and psychological component of redress for the person (whether or not the Commonwealth is determined to be a funder of last resort under paragraph (k)); and
(m) for each institution:
(i) that was identified in the application; and
(ii) to which subparagraph (j)(i), (ii) or (iii) applies; and
(iii) that is not covered by a determination under paragraph (j) of this section;
determine that the institution is not responsible for the abuse.
Note 1: Subparagraph (c)(iii)—if the Operator determines under paragraph (k) that one or more funders of last resort are liable for providing redress to the person under the scheme, the amount of the Commonwealth’s share of the costs of the redress payment for the person will be affected by section 165A.
Note 2: Paragraph (g)—if the Operator determines that a responsible institution is a member of a participating group, then all other members of the participating group at that time will be associates of the responsible institution, see subsection 133(3). To find the membership of a participating group at a particular time, see the declaration of the participating group under subsection 134(1) that is in force at that time.
Note 3: Paragraph (i)—only defunct institutions that are both non‑government institutions and not participating institutions can be listed under section 164 (see subsection 164(1)).
Note 4: Paragraph (i)—if the Operator determines that one or more participating government institutions are a funder of last resort for a defunct institution under paragraph (i), then those participating government institutions will be liable to pay the defunct institution’s (hypothetical) share of the costs of providing redress to the person (see section 165). Those costs are in addition to the participating government institution’s own share of the costs for providing redress to the person.
Note 5: Paragraph (j)—only institutions that are both non‑government institutions and not participating institutions can be listed under section 164A, 164B or 164C (see subsections 164A(1), 164B(1) and 164C(1)).
Note 6: Paragraphs (k) and (l)—if the Operator determines that one or more participating jurisdictions are a funder of last resort for an institution under paragraph (k), then those participating jurisdictions (and the Commonwealth) will be liable to pay the institution’s (hypothetical) share of the costs of providing redress to the person (see section 165A).
Note 7: Paragraph (l)—the amount of the Commonwealth’s share of the costs of the redress payment for the person is determined under subparagraph (c)(iii).
Note 8: For the funder of last resort provisions, see Part 6‑2.
Determination not to approve application
(3) Otherwise, the Operator must make a determination not to approve the application.
Revoking a determination
(4) The rules may require or permit the Operator to revoke, under this subsection, a determination made under subsection (2) or (3).
Note: A provision of this Act may also require or permit the Operator to revoke a determination made under subsection (2) or (3) (see, for example, paragraph 71S(3)(d) and subsection 71S(4)).
(5) However, the Operator cannot revoke a determination made under subsection (2) if:
(a) the person has been given an offer of redress; and
(b) the person has accepted the offer in accordance with section 42.
(6) If the Operator revokes a determination made under subsection (2) or (3) (including under paragraph 71S(3)(d) or subsection 71S(4)), then:
(a) every determination made under subsection (2) or (3) is taken never to have been made; and
(b) if the person has been given an offer of redress but has not accepted or declined the offer—the offer is taken to be withdrawn; and
(c) if the person has made an application for review of the determination—the review application is taken to be withdrawn; and
(d) the Operator may make further requests under section 24 or 25 for information relating to the person’s application.
(7) The Operator must give a written notice to:
(a) the person; and
(b) each participating institution, participating jurisdiction or representative for a participating group that was notified under section 35 or 35A of the determination;
notifying them of the following:
(c) that the determination has been revoked;
(d) that the determination is taken never to have been made;
(e) if an offer of redress has been withdrawn under paragraph (6)(b)—that fact;
(f) if an application for review of the determination has been withdrawn under paragraph (6)(c)—that fact;
(g) any other matter prescribed by the rules.
Working out amounts
(1) This section sets out how the Operator must make a determination under paragraph 29(2)(c) about:
(a) the amount of the redress payment for a person; and
(b) the amount of each responsible institution’s share of the costs of the redress payment; and
(c) the amount of the Commonwealth’s share of the costs of the redress payment.
Note: This section only applies if the Operator approves the person’s application for redress.
Working out institution’s share of the costs of redress payment
(2) The Operator must first work out, for each responsible institution, the amount that is the institution’s share of the costs of the redress payment by using the following method statement:
Method statement
Step 1. Apply the assessment framework to work out the maximum amount of redress payment that could be payable to the person. The maximum amount must not be more than $150,000, regardless of the number of responsible institutions. In applying the assessment framework to work out the maximum amount, disregard any advance payment or relevant prior payment. The amount worked out is the
maximum amount of the redress payment that could be payable to the person.Step 2. Work out, in accordance with any requirements prescribed by the rules, the amount that is the responsible institution’s share of the maximum amount. This amount is the
gross liability amount for the responsible institution.Step 3. Work out the amount of any payment (a
relevant prior payment ) that was paid to the person by, or on behalf of, the responsible institution in relation to abuse for which the institution is responsible (but do not include any payment to the extent that it is prescribed by the rules as not being a relevant prior payment). This amount is theoriginal amount of the relevant prior payment.Step 4. Multiply the original amount by the following:
where:
n is the number of whole years since the relevant prior payment was paid to the person.The resulting amount is the
adjusted amount of the relevant prior payment of the institution.Note: The adjustment under this step is broadly to account for inflation.
Step 5. Add together the adjusted amount of each relevant prior payment of the institution. If the resulting amount is not a whole number of cents, round the amount up to the next whole number of cents. This amount is the
reduction amount for the institution.Step 6. The amount of the institution’s share of the costs of the redress payment is the gross liability amount for the institution (in step 2) less the reduction amount for the institution (in step 5). The amount may be nil but not less than nil.
(3) The Operator must then work out the amount that is the
institutions’ total share by adding together the amount of each responsible institution’s share of the costs of the redress payment (worked out under subsection (2)).
Working out Commonwealth’s share of the costs of redress payment
(4) The Operator must then work out the amount that is the Commonwealth’s share of the costs of the redress payment using the following method statement:
Method statement
Step 1. Work out what would be the institutions’ total share (i.e. what would be the total worked out under subsection (3)) if the definition of
n in step 4 of the method statement in subsection (2) were omitted and the following definition were substituted:
n is the number of whole years occurring during the period:
(a) starting when the relevant prior payment was paid to the person; and
(b) ending when the person made the relevant application for redress under section 19.
Step 2. The amount of the Commonwealth’s share of the costs of the redress payment is the difference between:
(a) the institutions’ total share (worked out under subsection (3)); and
the amount worked out under step 1 of this method statement.
Note 1: The effect of this subsection is broadly to reverse the adjustment made under step 4 of the method statement in subsection (2) to the extent that adjustment relates to inflation that occurs while the application is being processed. The Commonwealth bears the cost of this reversal.
Note 2: The Commonwealth’s share will be nil if:
(a) there are no relevant prior payments; or
(b) for each relevant prior payment, the substitution mentioned in step 1 of the method statement in this subsection does not affect the adjusted amount of the relevant prior payment.
(5) The Operator must then work out the amount of redress payment for the person by:
(a) adding together:
(i) the institutions’ total share (worked out under subsection (3)); and
(ii) the Commonwealth’s share of the costs of the redress payment (worked out under subsection (4)); and
(b) subtracting the amount of any advance payment for the person.
The amount of redress payment for the person may be nil but not less than nil.
Note 1: The amount may be nil because of relevant prior payments or an advance payment. However, even though the person may not be paid any redress payment in that case, the person will still be entitled to the other components of redress under the scheme (i.e. the counselling and psychological component and a direct personal response).
Note 2: For funder of last resort cases, section 165 or 165A affects how the amount of the redress payment and the shares of the costs of the payment are worked out.
(1) This section sets out how the Operator must make a determination under paragraph 29(2)(d) about:
(a) the amount of the counselling and psychological component of redress for a person; and
(b) the amount of each responsible institution’s share of the costs of that component.
Note: This section only applies if the Operator approves the person’s application for redress.
(2) The Operator must apply the assessment framework to work out the amount of the component. The amount must not be more than $5,000, regardless of the number of responsible institutions.
(3) The Operator must work out, in accordance with the rules, the amount that is each responsible institution’s share of the costs of the component.
Note: For funder of last resort cases, section 165 or 165A affects how the amount of the counselling and psychological component and the share of the costs of the component is worked out.
(1) The Minister may declare, in writing, a method, or matters to take into account, for the purposes of working out:
(a) the amount of redress payment for a person; and
(b) the amount of the counselling and psychological component of redress for a person.
Note: For variation or revocation of the declaration, see subsection 33(3) of the
Acts Interpretation Act 1901 .(2) The declaration is the
assessment framework .(3) The declaration is a legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to it.
(1) The Operator may take into account the assessment framework policy guidelines when applying the assessment framework for the purposes of sections 30 and 31.
(2) The Minister may, in writing, make guidelines for the purposes of applying the assessment framework.
(3) The guidelines are the
assessment framework policy guidelines .(4) The guidelines are not a legislative instrument.
(1) If the Operator makes a determination under section 29 on an application for redress for a person, the Operator must give the person written notice of the determination stating:
(a) whether or not the application has been approved; and
(b) the reasons for the determination; and
(c) that the person may apply under section 73 for review of the determination during the review period for the determination.
(2) If the application has been approved, the notice must include the offer of redress to the person under section 39.
(3) The notice must also:
(a) if subsection (2) applies—state that the review period for the determination is the same as the acceptance period for the offer included in the notice; and
(aa) if subsection (2) does not apply—specify the review period for the determination; and
(b) comply with any matters prescribed by the rules.
Review period
(4) If the application has been approved, the
review period for the determination is the same as the acceptance period for the offer of redress included in the notice.(5) To avoid doubt, any extension of the acceptance period under subsection 40(2) also has the effect of extending the review period.
(6) If the application has not been approved, the
review period for the determination is the period determined by the Operator, which must:
(a) start on the date of the notice; and
(b) be at least 28 days, but not longer than 6 months.
(7) If subsection (6) applies, the Operator may, by written notice given to the person, extend the review period if the Operator considers there are exceptional circumstances that justify the extension.
(8) An extension under subsection (7) may be given:
(a) on the Operator’s own initiative; or
(b) on a request made by the person under subsection (9).
(9) If subsection (6) applies, the person may request the Operator to extend the review period. The request must comply with any requirements prescribed by the rules.
(10) An extension under subsection (7) may be given, or a request under subsection (9) may be made, before, at or after the end of the review period.
(1) If:
(a) the Operator makes a determination under section 29 in relation to a person; and
(b) a participating institution is specified in the determination;
then the Operator must give the institution written notice of the determination in accordance with subsection (2).
(1A) If the Operator determined under paragraph 29(2)(g) that the institution is a member of a participating group, the Operator must also give the notice to the representative for the participating group.
(2) The notice must state:
(a) whether or not the application has been approved; and
(b) if the Operator determined under paragraph 29(2)(b) that the institution is responsible for the abuse and therefore liable for providing redress to the person under the scheme:
(i) that fact; and
(ii) the amount of the redress payment for the person; and
(iii) the amount of the institution’s share of the costs of that payment; and
(iiia) the amount of the Commonwealth’s share of the costs of that payment; and
(iiib) if an advance payment for the person has been paid—the amount of the advance payment; and
(iv) the amount of the counselling and psychological component of redress for the person; and
(v) the amount of the institution’s share of the costs of that component; and
(c) if the Operator determined under paragraph 29(2)(g) that the institution is a member of a participating group—the participating group; and
(d) if the Operator determined under paragraph 29(2)(h) that the institution is not responsible for the abuse and therefore not liable for providing redress to the person under the scheme—that fact; and
(e) if the Operator determined under paragraph 29(2)(i) that the institution is a funder of last resort for a defunct institution—that fact and the number of other institutions that are a funder of last resort for the defunct institution; and
(f) the reasons for the determination, as they relate to the institution or participating group; and
(g) the period within which the person may apply under section 73 for review of the determination.
(3) The notice must also comply with any requirements prescribed by the rules.
(1) If:
(a) the Operator makes a determination under section 29 in relation to a person; and
(b) the determination is that the application has been approved; and
(c) a participating jurisdiction (other than the Commonwealth) is specified in the determination under paragraph 29(2)(k);
then the Operator must give the participating jurisdiction written notice of the determination in accordance with subsection (2).
(2) The notice must state:
(a) that the application has been approved; and
(b) that the Operator determined:
(i) under paragraph 29(2)(j) that one or more institutions are responsible for the abuse; and
(ii) under paragraph 29(2)(k) that the participating jurisdiction is an eligible funding jurisdiction and funder of last resort for one or more of those institutions in relation to the abuse and therefore liable for providing redress to the person under the scheme; and
(c) the amount of the redress payment for the person; and
(d) the amount of the participating jurisdiction’s share of the costs of the redress payment for the person; and
(e) the amount of the Commonwealth’s share of the costs of the redress payment for the person; and
(f) if an advance payment for the person has been paid—the amount of the advance payment; and
(g) the amount of the counselling and psychological component of redress for the person; and
(h) the amount of the participating jurisdiction’s share of the costs of the counselling and psychological component of redress for the person; and
(i) the amount of the Commonwealth’s share of the costs of the counselling and psychological component of redress for the person; and
(j) the number of other participating jurisdictions that are funders of last resort in relation to the abuse for the institution or institutions to which subparagraph (b)(ii) of this subsection applies; and
(k) the reasons for the determination under section 29, as they relate to the participating jurisdiction; and
(l) the period within which the person may apply under section 73 for review of the determination.
(3) The notice must also comply with any requirements prescribed by the rules.
(1) A determination by the Operator under section 29 has effect only for the purposes of the scheme.
(2) In particular, a determination under section 29 that:
(a) an institution is, or is not, responsible for the abuse of a person; or
(b) an institution or funder of last resort is, or is not, liable to provide redress to a person;
is not a finding of law or fact made by a court in civil or criminal proceedings.
Note: The determination is an administrative decision that is made by the Operator on the basis of whether the Operator considers there to be a reasonable likelihood that the person is eligible for redress. It is not a judicial decision made by a court in civil or criminal proceedings on the basis of a higher standard of proof.
(3) However, a determination under section 29 that:
(a) an institution is responsible for abuse of a person; or
(b) an institution or funder of last resort is liable to provide redress;
may result in the imposition of a civil liability on the institution or funder of last resort to make payments under the scheme in relation to that redress.
(1) The following documents are not admissible in evidence in civil proceedings in a court or tribunal:
(a) a person’s application for redress;
(b) a document created solely for the purposes of accompanying a person’s application for redress;
(c) a document created solely for the purposes of complying with a request for information made by the Operator under section 24 or 25 in relation to a person’s application for redress.
(2) Subsection (1) does not apply if the admission of the document in evidence in civil proceedings is for the purposes of giving effect to this Act.
(3) For the purposes of subsection (2) (and without limiting that subsection), if the admission of the document in evidence is in civil proceedings for judicial review of a decision made under this Act, then the admission is for the purposes of giving effect to this Act.
(4) Subsection (1) does not apply if the admission of the document in evidence is in civil proceedings under, or arising out of, section 28 (which is about providing false or misleading documents or information to an officer of the scheme).
If the Operator approves a person’s application for redress, the Operator must give the person a written offer of redress. The offer must include the information set out in section 39. The person may accept or decline the offer.
If the person wishes to accept the offer, he or she must do so by giving the Operator, within the acceptance period, an acceptance document that complies with section 42. If the person accepts the offer, then the person will be provided with redress under the scheme. The person also releases all the participating institutions determined by the Operator to be responsible for the abuse (as well as the officials of those institutions, the associates of those institutions and the officials of the associates of those institutions) from all civil liability for the abuse of the person. However, the abuser is not released from liability for the abuse.
If the person accepts the offer, the Operator must notify the participating institutions determined by the Operator to be responsible for the abuse of the person’s acceptance of the offer (including the components of redress that the person wishes to receive). If the Operator has determined that one or more funders of last resort for one or more institutions are liable for providing redress, the Operator must also notify:
(a) those funders of last resort; and
(b) if any of those institutions are partly‑participating institutions—those partly‑participating institutions.
If the person declines the offer (either by formally declining, or by doing nothing, in the acceptance period), the person is not required to release any institution or official from civil liability for the abuse of the person, but the person will not be provided with redress under the scheme.
If the Operator approves a person’s application for redress, the Operator must give the person a written offer of redress that:
(a) explains the 3 components of redress (i.e. redress payment, access to the counselling and psychological component of redress for the person, and direct personal response); and
(b) specifies the amount of the redress payment; and
(ba) if an advance payment for the person has been paid—specifies the amount of the advance payment; and
(c) specifies whether the counselling and psychological component of redress for the person consists of:
(i) access to the counselling and psychological services that are provided under the scheme; or
(ii) the counselling and psychological services payment; and
(d) if the counselling and psychological component of redress for the person consists of the counselling and psychological services payment—specifies the amount of that payment; and
(e) specifies the participating institutions determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse and therefore liable for providing redress to the person under the scheme; and
(f) if any of those responsible institutions is a defunct institution that has a representative:
(i) specifies the person who is the representative; and
(ii) explains that the representative is liable for providing redress to the person under the scheme; and
(g) if the Operator determined under paragraph 29(2)(g) that any of those responsible institutions is a member of a participating group—identifies the other participating institutions, or classes of participating institutions, that are associates of the responsible institution because they are also members of that participating group at the time of the determination; and
(h) specifies the participating institutions that were identified in the person’s application but determined by the Operator under paragraph 29(2)(h) not to be responsible for the person’s abuse and therefore not liable for providing redress to the person under the scheme; and
(i) if one or more of those responsible institutions are a participating government institution that is determined by the Operator under paragraph 29(2)(i) to be a funder of last resort for a defunct institution:
(i) specifies the defunct institution; and
(ii) explains that those government institutions are liable for the defunct institution’s (hypothetical) share of the costs of providing redress to the person; and
(iii) explains that a direct personal response is not available to the person in relation to the abuse for which the defunct institution is responsible; and
(ia) all of the following:
(i) specifies the institutions determined by the Operator under paragraph 29(2)(j) to be responsible for the abuse;
(ii) specifies the participating jurisdictions that the Operator has determined under paragraph 29(2)(k) to be funders of last resort for those institutions;
(iii) explains that those funders of last resort and the Commonwealth are liable for the institutions’ (hypothetical) shares of the costs of providing redress to the person;
(iv) if any of the institutions is defunct—explains that a direct personal response is not available to the person in relation to the abuse for which that institution is responsible;
(v) for each institution determined by the Operator to be responsible for the person’s abuse under paragraph 29(2)(j), but for which the Operator did not determine any participating jurisdiction to be a funder of last resort in relation to the abuse under paragraph 29(2)(k)—explain that the institution is not a participating institution and that there is no funder of last resort for the institution in relation to the abuse; and
(ib) specifies the institutions that were identified in the person’s application but determined by the Operator under paragraph 29(2)(m) not to be responsible for the person’s abuse; and
(j) states the date of the offer; and
(k) specifies the acceptance period for the offer (see section 40); and
(l) gives information about the opportunity for the person to access legal services under the scheme for the purposes of obtaining legal advice about whether to accept the offer; and
(m) gives information about other services available to the person under the scheme to help the person to decide whether to accept the offer; and
(n) explains how to accept or decline the offer, should the person decide to do so; and
(o) informs the person that the offer expires at the end of the acceptance period; and
(p) explains the effect of section 43 (which is about the release from civil liability of the responsible institutions (if any), their officials, their associates and the officials of their associates) should the person accept the offer; and
(q) informs the person that the person does not have to accept the offer and that, by doing nothing, the offer is taken to be declined at the end of the acceptance period; and
(r) informs the person that the person will not be able to make another application for redress under the scheme, whether or not the offer is accepted; and
(ra) if an advance payment for the person has been paid—informs the person that, if the offer is declined, the amount of the advance payment will become a debt due to the Commonwealth; and
(s) informs the person that the person may request an extension of the acceptance period and explains how to make that request; and
(t) complies with any requirements prescribed by the rules.
(1) The
acceptance period for an offer of redress to a person is the period determined by the Operator, which must be at least 6 months, starting on the date of the offer.(2) The Operator may, by written notice to the person, extend the acceptance period if the Operator considers there are exceptional circumstances that justify the extension.
(3) An extension under subsection (2) may be given:
(a) on the Operator’s own initiative; or
(b) on a request made by the person under subsection (4).
(4) The person may request the Operator to extend the acceptance period. The request must comply with any requirements prescribed by the rules.
(4A) An extension under subsection (2) may be given, or a request under subsection (4) may be made:
(a) before the end of the acceptance period; or
(b) at or after the end of the acceptance period if the person has neither accepted nor declined the offer of redress (disregarding subsection 45(2)).
(5) If the Operator extends the period, the
acceptance period is the original period as extended by the Operator.(6) To avoid doubt, if:
(a) under subsection 45(2), a person is taken to have declined an offer of redress because the person did not accept the offer before the end of the acceptance period; and
(b) at or after the end of the acceptance period, the Operator extends the acceptance period under subsection (2) of this section;
then subsection 45(2) does not apply, and is taken never to have applied, to the person at any time occurring during the acceptance period as extended (but may apply to the person at or after the end of the acceptance period as extended).
(1) If:
(a) the Operator gives an offer of redress under section 39; and
(b) a participating institution or person referred to in paragraph 39(e), (f) or (g) is specified in the offer;
then the Operator must give the institution or person written notice of the offer.
(2) The notice must:
(a) state the acceptance period for the offer; and
(b) comply with any requirements prescribed by the rules.
(1) If:
(a) the Operator gives an offer of redress under section 39; and
(b) a participating jurisdiction referred to in subparagraph 39(ia)(ii) (other than the Commonwealth) is specified in the offer;
then the Operator must give the participating jurisdiction written notice of the offer.
(2) The notice must:
(a) state the acceptance period for the offer; and
(b) comply with any requirements prescribed by the rules.
(1) A person may accept an offer of redress by complying with this section.
(2) The person must give the Operator a document (the
acceptance document ) that:
(a) is in the approved form; and
(b) states that the person accepts the offer; and
(c) states that the person releases and forever discharges each of the following institutions and officials (a
released institution or official ) from all civil liability for abuse of the person that is within the scope of the scheme:
(i) all participating institutions that are determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse of the person;
(ii) all participating institutions that are identified in the offer under paragraph 39(g) as being associates of those responsible institutions;
(iii) all officials of those responsible institutions and associates (other than an official who is an abuser of the person); and
(d) states that the person forgoes any entitlement to be paid damages by a released institution or official if the released institution or official were joined as a party to civil proceedings brought or continued by the person against another party in relation to abuse of the person that is within the scope of the scheme; and
(e) states that the person will not, whether as an individual, a representative party or a member of a group, bring or continue any civil claim against a released institution or official in relation to abuse of the person that is within the scope of the scheme; and
(f) states the components of redress that the person wishes to receive; and
(g) if the person wishes to receive a direct personal response—specifies the participating institutions and partly‑participating institutions that the person wishes to receive a direct personal response from; and
(h) acknowledges that the person understands the effect of accepting the offer; and
(i) is signed by the person; and
(j) complies with any requirements prescribed by the rules.
(3) The person must give the Operator the acceptance document:
(a) before the end of the acceptance period; and
(b) in the manner (if any) prescribed by the rules.
(4) Rules made for the purposes of paragraph (2)(j) must not require the person to enter into a confidentiality agreement.
If a person accepts an offer of redress in accordance with section 42, then, at the time the person gives the acceptance and by force of this section:
(a) the person releases and forever discharges every released institution or official from civil liability for abuse of the person that is within the scope of the scheme; and
(b) the person cannot (whether as an individual, a representative party or a member of a group) bring or continue civil proceedings against a released institution or official in relation to that abuse; and
(c) the release and discharge of civil liability of a released institution or official for that abuse does not:
(i) release or discharge another institution or person from civil liability for that abuse; and
(ii) prevent the person (whether as an individual, a representative party or a member of a group) from bringing or continuing civil proceedings against another institution or person in relation to that abuse; and
(d) if a released institution or official would, apart from this section, be liable to make a contribution to another institution or person in relation to damages payable to the person in civil proceedings brought or continued by the person (whether as an individual, a representative party or a member of a group) against the other institution or person in relation to that abuse, then:
(i) the released institution or official is released and forever discharged from liability to make that contribution; and
(ii) the amount of damages payable to the person in those proceedings is reduced by the amount of that contribution.
(1) If a person accepts an offer of redress in accordance with section 42, then the Operator must give each institution that was notified under section 41 about the offer written notice of:
(a) the person’s acceptance of the offer; and
(b) the components of redress that the person wishes to receive (including whether the person wishes to receive a direct personal response from the institution); and
(c) any matters prescribed by the rules.
(2) The notice must be accompanied by a copy of the person’s acceptance document.
If a person accepts an offer of redress in accordance with section 42, then the Operator must give each participating jurisdiction (if any) that was notified under section 41A about the offer written notice of:
(a) the person’s acceptance of the offer; and
(b) any matters prescribed by the rules.
Declining by taking positive action
(1) A person may decline an offer of redress by giving the Operator, before the end of the acceptance period, a document that:
(j) the operation of the scheme’s funding arrangements (including a review of the scheme administration element of funding contribution);
(k) the operation of the funder of last resort provisions;
(l) the extent to which the scheme has been implemented as proposed in the National Redress Scheme Agreement;
(m) the views of key stakeholders on the scheme (including representatives from survivor groups, non‑government institutions, advocacy groups, support services provider groups, the Independent Advisory Council, the Commonwealth, the States and the Territories);
(n) the impact and effectiveness of section 37 (which is about the admissibility of certain documents in evidence in civil proceedings);
(o) the question of whether an institution (the
first institution ) should be responsible for abuse that occurs in connection with another institution merely because the first institution regulates or funds the other institution or the other institution’s activities;(p) the administration of this Act and the scheme;
(q) any other matter relevant to the operation of this Act or the scheme.
Eighth anniversary review
(3) The Minister must cause a review of the operation of the scheme to be commenced as soon as possible after:
(a) the eighth anniversary of the scheme start day; or
(b) if, before the eighth anniversary, the rules prescribe a day that is after the eighth anniversary—that day.
(4) The eighth anniversary review must consider the following matters:
(a) the matters referred to in subsection (2);
(b) the results of any other review or evaluation conducted in relation to the operation of the scheme.
(1) Subject to this section, this Act ceases to have effect at the end of the day (the
scheme sunset day ) that is:
(a) the tenth anniversary of the scheme start day; or
(b) if, before the tenth anniversary, the rules prescribe a day that is after the tenth anniversary—that day.
Note: The fact that the Act ceases to have effect does not affect the operation of section 43 in releasing and discharging an institution or official from civil liability (see section 7 of the
Acts Interpretation Act 1901 ).(2) Despite subsection (1), at any time before the first anniversary of the scheme sunset day, rules may be made under section 179 for the purposes of subsections (3) and (4) of this section.
(3) The rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to this Act ceasing to have effect under subsection (1).
(4) Without limiting subsection (3), the rules may provide that certain provisions of this Act:
(a) continue to apply after the scheme sunset day for the purposes set out in the rules; or
(b) continue to apply after the scheme sunset day in a modified way for the purposes set out in the rules.
Those provisions continue to apply, or continue to apply in the modified way, as set out in the rules.
(5) Subsection 12(2) (retrospective application of legislative instruments) of the
Legislation Act 2003 does not apply in relation to rules made for the purposes of this section.(6) All legislative instruments (including the rules) made under this Act are repealed immediately before the first anniversary of the scheme sunset day.
This Chapter contains application and transitional provisions relating to amendments of this Act.
The amendments made by Part 2 of Schedule 1 to the
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 apply in relation to a determination under section 29 made on or after the commencement of that Part (whether the application for the determination was made before, on or after that commencement).
The amendments of sections 183, 184 and 185 made by Part 3 of Schedule 1 to the
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 apply in relation to persons engaged on or after the commencement of that Part.
The amendments made by Part 5 of Schedule 1 to the
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 apply in relation to the payment of redress payments and counselling and psychological services payments on or after the commencement of that Part.
The amendments of section 153 made by Part 6 of Schedule 1 to the
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 apply in relation to funding contributions payable before, on or after the commencement of that Part (including funding contributions in relation to which a notice has been given under section 153 before that commencement).
The amendments of section 95 made by Part 7 of Schedule 1 to the
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 apply, after commencement of that Part, in relation to protected information provided or obtained before, on or after that commencement.
In this Part:
amending Act means theNational Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2021 .
application means an application for redress.
The amendments made by Part 1 of Schedule 1 to the amending Act apply in relation to:
(a) an application made on or after the commencement of this section; or
(b) an application made before that commencement, if:
(i) the application was not withdrawn before that commencement; and
(ii) the Operator did not make a determination to approve, or not approve, the application under section 29 of this Act before that commencement.
(1) The amendments made by Part 1 of Schedule 2 to the amending Act apply in relation to determinations made under section 29 of this Act:
(a) before the commencement of this section, whether or not, as a result of the determination, any of the following occurred before that commencement:
(i) an offer of redress was made, accepted or declined;
(ii) a redress payment was made;
(iii) an application for review of the determination was made, or a review determination made; or
(b) on or after that commencement.
Offers of redress made before commencement
(2) Subsections (3) and (4) of this section apply to an offer of redress given to a person under section 39 before the commencement of this section if the amount (the
new amount ) that the Operator was required to determine under this Act, as amended by Part 1 of Schedule 2 to the amending Act, as the amount of the redress payment for the person is greater than the amount that the Operator would have been required to so determine if those amendments had not been made.(3) The offer of redress is taken to have always stated, as the amount of the redress payment for the person, the new amount mentioned in subsection (2) of this section.
(4) To avoid doubt, if:
(a) the Operator paid some of the redress payment under section 48 before that commencement; and
(b) the amount paid is less than the new amount; and
(ba) if the redress payment was paid in instalments—the last instalment was paid before that commencement;
the Operator must, as soon as practicable after that commencement, pay, under that section (and subject to anything prescribed by the rules for the purposes of subsection 48(2)), the difference between:
(c) the new amount; and
(d) the amount that the Operator has already paid.
(1) The amendments made by Part 1 of Schedule 3 to the amending Act apply in relation to determinations made under section 29 of this Act:
(a) before the commencement of this section, whether the day specified in the notice of the determination under paragraph 34(3)(a) occurred before, on or after that commencement; or
(b) on or after that commencement.
(2) For the purposes of this Act as amended by Part 1 of Schedule 3 to the amending Act, a notice that:
(a) was given to a person under section 34 of this Act before the commencement of this section; and
(b) stated that the relevant application for redress had not been approved; and
(c) specified a day (the
specified day ) as the day by which the person may apply for review of the determination;is taken to have specified, as the review period for the relevant determination, the period:
(d) starting on the date of the notice; and
(e) ending on the specified day.
(3) The amendments made by Part 2 of Schedule 3 to the amending Act apply in relation to acceptance periods ending before, on or after the commencement of this section.
Applications made on or after commencement
(1) The amendments made by Part 1 of Schedule 4 to the amending Act apply in relation to an application made on or after the commencement of this section.
Applications made before commencement
(2) Despite paragraphs 19(2)(a) and (d), as in force immediately before the commencement of this section, an application that was:
(a) made under subsection 19(1) before the commencement of this section; and
(b) signed and dated by the applicant;
is not invalid merely because the application:
(c) was not in the approved form, to the extent that the approved form required the application to include a statutory declaration; or
(d) did not verify the information included in the application by statutory declaration.
The amendments made by Part 1 of Schedule 5 to the amending Act apply in relation to redress to which a person becomes entitled on or after the commencement of this section.
In this Part:
amending Act means theNational Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort and Other Measures) Act 2021 .
application means an application for redress.
The amendments made by Schedule 1 to the amending Act apply in relation to:
(a) an application made on or after the commencement of this section; or
(b) an application made before that commencement, if:
(i) the application was not withdrawn before that commencement; and
(ii) the Operator did not make a determination to approve, or not approve, the application under section 29 of this Act before that commencement.
For the purposes of section 95A, it does not matter whether an application was made before, on or after the commencement of this section.
In this Part:
amending Act means theNational Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 .
Applications for review
(1) The amendments made by Part 1 of Schedule 1 to the amending Act apply in relation to applications for review made under section 73 on or after the commencement of that Schedule.
(2) If:
(a) before the commencement of Schedule 1 to the amending Act, a person had made an application for review under section 73; and
(b) at the commencement of that Schedule, the review had not been completed;
then:
(c) the Operator must notify the person of the amendments made by Part 1 of that Schedule; and
(d) the reviewer must not make a review determination under section 75 in relation to the application for review before the earlier of the following:
(i) 30 days after the date of the notification;
(ii) if, in response to the notification, the person gives the reviewer further information or documents that the person considers may be relevant to the review—the day after the Operator receives the further information or documents; and
(e) if the person gives the reviewer further information or documents that the person considers may be relevant to the review:
(i) the amendments made by Part 1 of that Schedule apply in relation to the application for review; and
(ii) the further information or documents are to be treated as information or documents accompanying the application for review under subsection 73(3).
(3) If:
(a) before the commencement of Schedule 1 to the amending Act, a person had made an application for review under section 73; and
(b) at the commencement of that Schedule, a review determination had been made under section 75 in relation to the application for review; and
(c) the Operator has given the person an offer of redress under section 39; and
(d) the person has not accepted or declined the offer of redress;
then:
(e) the Operator must notify the person of the amendments made by Part 1 of that Schedule; and
(f) if the acceptance period for the offer of redress ends during the period of 30 days after the date of the notification (the
response period )—the Operator must extend the acceptance period under subsection 40(2) to end after the response period; and(g) if, during the response period, the person gives the Operator further information or documents that the person considers may be relevant to the review:
(i) the review determination is taken to never have been made; and
(ii) if the Operator has given the person a new written offer of redress under paragraph 78(3)(b)—the new written offer of redress is taken to never have been given; and
(iii) the amendments made by Part 1 of that Schedule apply in relation to the application for review; and
(iv) the further information or documents are to be treated as information or documents accompanying the application for review under subsection 73(3).
(4) The rules may prescribe matters relating to the giving of notices to a person or a participating institution in relation to the operation of subsection (3).
Special assessment processes
(5) If:
(a) before the commencement of Schedule 1 to the amending Act, the Operator had given a written notice under paragraph 63(3)(b) in relation to a person’s sentence of imprisonment; and
(b) at the commencement of that Schedule, the Operator had not made a determination in relation to the person under subsection 63(5);
the Operator is taken to have determined under subsection 63(2B) that the person should undergo a special assessment process.
(6) To avoid doubt, the Operator may, in writing, revoke a determination that the Operator is taken to have made under subsection (5).
Protected information
(7) The amendments of section 98 made by Division 1 of Part 3 of Schedule 1 to the amending Act apply in relation to a person obtaining, recording, disclosing or using protected information on or after the commencement of that Schedule.
The amendments made by Schedule 2 to the amending Act apply in relation to determinations made under section 29 before, on or after the commencement of that Schedule.
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
National Redress Scheme for Institutional Child Sexual Abuse Act 2018 | 45, 2018 | 21 June 2018 | 1 July 2018 (s 2(1) item 1) | |
Services Australia Governance Amendment Act 2020 | 104, 2020 | 20 Nov 2020 | Sch 1 (items 42–47, 66): 1 Feb 2020 (s 2(1) item 2) | Sch 1 (item 66) |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (item 622): 1 Sept 2021 (s 2(1) item 5) | — |
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021 | 15, 2021 | 1 Mar 2021 | Sch 1 (items 1–9): 1 July 2018 (s 2(1) item 2) Sch 1 (items 10–53): 2 Mar 2021 (s 2(1) item 3) | — |
National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2021 | 109, 2021 | 13 Sept 2021 | Sch 1, 2, 4 and 5: 17 Sept 2021 (s 2(1) items 2, 3, 5–8) Sch 3: 14 Sept 2021 (s 2(1) item 4) | — |
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort and Other Measures) Act 2021 |
119, 2021 | 2 Dec 2021 | 3 Dec 2021 (s 2(1) item 1) | — | |
National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 | 9, 2024 | 28 Mar 2024 | Sch 1 (items 1–14, 16–20): 4 Apr 2024 (s 2(1) item 2) Sch 2: 28 Sept 2024 (s 2(1) item 3) | — |
s 3............................................. | am No 119, 2021 |
s 4............................................. | am No 109, 2021; No 119, 2021 |
s 6............................................. | am No 104, 2020; No 15, 2021; No 109, 2021; No 119, 2021; No 9, 2024 |
s 11............................................ | am No 119, 2021 |
s 13............................................ | am No 119, 2021 |
s 16............................................ | am No 119, 2021 |
s 18............................................ | am No 119, 2021 |
s 19............................................ | am No 109, 2021 |
s 20............................................ | am No 9, 2024 |
s 22............................................ | am No 109, 2021 |
s 25............................................ | am No 119, 2021 |
s 26............................................ | am No 119, 2021 |
s 29............................................ | am No 15, 2021; No 109, 2021; No 119, 2021; No 9, 2024 |
s 30............................................ | am No 109, 2021; No 119, 2021 |
s 31............................................ | am No 119, 2021 |
ed C7 | |
Division 5 heading...................... | am No 119, 2021 |
s 34............................................ | am No 109, 2021 |
s 35............................................ | am No 15, 2021; No 109, 2021 |
s 35A......................................... | ad No 119, 2021 |
s 36............................................ | am No 119, 2021 |
s 38............................................ | am No 119, 2021 |
s 39............................................ | am No 15, 2021; No 109, 2021; No 119, 2021 |
s 40............................................ | am No 109, 2021 |
s 41A......................................... | ad No 119, 2021 |
s 42............................................ | am No 15, 2021; No 119, 2021 |
s 44A......................................... | ad No 119, 2021 |
s 46A......................................... | ad No 119, 2021 |
s 46B......................................... | ad No 119, 2021 |
s 47............................................ | am No 15, 2021; No 119, 2021 |
s 48............................................ | am No 15, 2021; No 109, 2021 |
s 49............................................ | am No 15, 2021 |
s 50............................................ | am No 109, 2021 |
s 51............................................ | am No 15, 2021; No 109, 2021 |
s 52............................................ | am No 15, 2021 |
s 53............................................ | am No 109, 2021 |
s 54............................................ | am No 119, 2021; No 9, 2024 |
s 56............................................ | am No 119, 2021 |
Part 2‑6...................................... | ad No 109, 2021 |
s 56A......................................... | ad No 109, 2021 |
s 56B......................................... | ad No 109, 2021 |
s 56C......................................... | ad No 109, 2021 |
s 56D......................................... | ad No 109, 2021 |
s 58............................................ | am No 15, 2021; No 109, 2021; No 119, 2021 |
s 59............................................ | am No 119, 2021 |
s 62............................................ | am No 9, 2024 |
s 63............................................ | am No 9, 2024 |
s 67............................................ | rs No 104, 2020 |
s 70............................................ | am No 104, 2020 |
s 71............................................ | am No 9, 2024 |
Part 3‑3...................................... | ad No 9, 2024 |
s 71A......................................... | ad No 9, 2024 |
s 71B......................................... | ad No 9, 2024 |
s 71C......................................... | ad No 9, 2024 |
s 71D......................................... | ad No 9, 2024 |
s 71E......................................... | ad No 9, 2024 |
s 71F.......................................... | ad No 9, 2024 |
s 71G......................................... | ad No 9, 2024 |
s 71H......................................... | ad No 9, 2024 |
s 71J.......................................... | ad No 9, 2024 |
s 71K......................................... | ad No 9, 2024 |
s 71L......................................... | ad No 9, 2024 |
s 71M........................................ | ad No 9, 2024 |
s 71N......................................... | ad No 9, 2024 |
s 71P.......................................... | ad No 9, 2024 |
s 71Q......................................... | ad No 9, 2024 |
s 71R......................................... | ad No 9, 2024 |
s 71S.......................................... | ad No 9, 2024 |
s 71T......................................... | ad No 9, 2024 |
s 71U......................................... | ad No 9, 2024 |
s 71V......................................... | ad No 9, 2024 |
s 71W........................................ | ad No 9, 2024 |
s 71X......................................... | ad No 9, 2024 |
s 71Y......................................... | ad No 9, 2024 |
s 71Z......................................... | ad No 9, 2024 |
s 72............................................ | am No 119, 2021; No 9, 2024 |
s 73............................................ | am No 9, 2024 |
s 75............................................ | am No 9, 2024 |
s 75A......................................... | ad No 9, 2024 |
s 75B......................................... | ad No 9, 2024 |
s 75C......................................... | ad No 9, 2024 |
s 79............................................ | am No 15, 2021; No 119, 2021 |
s 84............................................ | am No 9, 2024 |
s 85............................................ | am No 9, 2024 |
s 92............................................ | am No 104, 2020 |
s 95............................................ | am No 15, 2021 |
s 95A......................................... | ad No 119, 2021 |
s 95B......................................... | ad No 9, 2024 |
s 96A......................................... | ad No 9, 2024 |
s 98............................................ | am No 119, 2021; No 9, 2024 |
s 107.......................................... | am No 119, 2021 |
s 108.......................................... | am No 119, 2021 |
s 148.......................................... | am No 15, 2021; No 119, 2021 |
s 149.......................................... | am No 119, 2021 |
s 150.......................................... | am No 15, 2021 |
rs No 119, 2021 | |
s 151.......................................... | am No 119, 2021 |
s 152.......................................... | am No 119, 2021 |
s 153.......................................... | am No 15, 2021; No 119, 2021 |
s 154.......................................... | am No 119, 2021 |
s 156.......................................... | am No 119, 2021 |
s 157.......................................... | am No 119, 2021 |
s 161.......................................... | am No 109, 2021 |
Part 6‑2 heading.......................... | am No 15, 2021 |
s 162.......................................... | am No 15, 2021 |
rs No 119, 2021 | |
Division 2 heading...................... | am No 15, 2021 |
s 163.......................................... | am No 15, 2021; No 119, 2021 |
s 164.......................................... | am No 119, 2021 |
s 164A....................................... | ad No 119, 2021 |
s 164B....................................... | ad No 119, 2021 |
s 164C....................................... | ad No 119, 2021 |
s 164D....................................... | ad No 119, 2021 |
s 165.......................................... | am No 15, 2021; No 109, 2021; No 9, 2024 |
s 165A....................................... | ad No 119, 2021 |
am No 9, 2024 | |
s 166.......................................... | am No 119, 2021 |
s 167.......................................... | am No 109, 2021 |
s 168.......................................... | am No 119, 2021 |
s 172.......................................... | am No 119, 2021 |
s 180.......................................... | am No 15, 2021 |
s 183.......................................... | am No 15, 2021 |
s 184.......................................... | am No 15, 2021; No 9, 2024 |
s 185.......................................... | am No 15, 2021; No 9, 2024 |
Division 4A................................ | ad No 15, 2021 |
s 185A....................................... | ad No 15, 2021 |
s 190.......................................... | am No 13, 2021 |
Chapter 8................................... | ad No 15, 2021 |
s 194.......................................... | ad No 15, 2021 |
s 195.......................................... | ad No 15, 2021 |
s 196.......................................... | ad No 15, 2021 |
s 197.......................................... | ad No 15, 2021 |
s 198.......................................... | ad No 15, 2021 |
s 199.......................................... | ad No 15, 2021 |
Part 8‑3...................................... | ad No 109, 2021 |
s 200.......................................... | ad No 109, 2021 |
s 201.......................................... | ad No 109, 2021 |
s 202.......................................... | ad No 109, 2021 |
am No 109, 2021 | |
s 203.......................................... | ad No 109, 2021 |
s 204.......................................... | ad No 109, 2021 |
s 205.......................................... | ad No 109, 2021 |
Part 8‑4...................................... | ad No 119, 2021 |
s 206.......................................... | ad No 119, 2021 |
s 207.......................................... | ad No 119, 2021 |
s 208.......................................... | ad No 119, 2021 |
Part 8‑5...................................... | ad No 9, 2024 |
s 209.......................................... | ad No 9, 2024 |
s 210.......................................... | ad No 9, 2024 |
s 211.......................................... | ad No 9, 2024 |
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