National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 (Vic)
Version No. 001
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018
No. 21 of 2018
Version as at
13 June 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Name and purpose of Act
2Commencement
3Definitions
Part 2—Reference of matters to Commonwealth Parliament
4Reference of matters
5State redress mechanisms
6Requirements for agreement of the State
7Termination of references
8Effect of termination of amendment reference before text reference
Part 3—Miscellaneous
9How agreement of the State is given, withdrawn and evidenced
10Information sharing
11Payments to and from the Consolidated Fund
12Regulations
Schedule 1—Scheduled text of the proposed Bill for a Commonwealth Act
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018
No. 21 of 2018
Version as at
13 June 2018
The Parliament of Victoria enacts:
Part 1—Preliminary
1Name and purpose of Act
(1) This Act is the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018.
(2) The main purpose of this Act is to refer certain matters relating to the National Redress Scheme for Institutional Child Sexual Abuse to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth.
2Commencement
This Act commences on the day on which this Act receives the Royal Assent.
3Definitions
In this Act, unless the contrary intention appears—
amendment reference means the reference under section 4(2);
express amendment of the National Redress Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the National Redress Act;
initial referred provisions means the scheduled text, to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State;
National Redress Act means a Commonwealth Act enacted in the terms, or substantially in the terms, of the scheduled text and as in force from time to time;
National Redress Scheme means the National Redress Scheme for Institutional Child Sexual Abuse as established by the National Redress Act and as in force from time to time;
participating State institution means a participating State institution within the meaning of the National Redress Act;
scheduled text means the text of the proposed Bill for a Commonwealth Act, as set out in Schedule 1 to this Act;
State institution means a State institution within the meaning of the National Redress Act;
text reference means the reference under section 4(1).
Part 2—Reference of matters to Commonwealth Parliament
4Reference of matters
(1)Text reference—Matters to which the initial referred provisions relate are referred to the Parliament of the Commonwealth, but only to the extent of making laws with respect to those matters by including the initial referred provisions in a Commonwealth Act enacted in the terms, or substantially in the terms, set out in the scheduled text.
(2)Amendment reference—Matters relating to a redress scheme for institutional child sexual abuse are, except as provided by sections 5 and 6, referred to the Parliament of the Commonwealth, but only to the extent of making laws with respect to those matters by making express amendments of the National Redress Act.
(3)The operation of each of subsections (1) and (2) is not affected by the other subsection.
(4)The reference of a matter under subsection (1) or (2) has effect only—
(a)if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth); and
(b)if and to the extent that the matter is included in the legislative powers of the Parliament of the State.
(5)To avoid doubt, it is the intention of the Parliament of the State that the National Redress Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of subsection (1)—
(a)by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under subsections (1) and (2); and
(b)by provisions of instruments made or issued under the National Redress Act or under provisions referred to in paragraph (a).
(6)Despite any other provision of this Act, other than section 8(2), a reference under subsection (1) or (2) has effect for a period—
(a)beginning when the subsection under which the reference is made comes into operation; and
(b)ending at the beginning of the day fixed under this Part as the day on which the reference is to terminate—
but no longer.
5State redress mechanisms
(1)A State redress mechanism is—
(a)a scheme, program or arrangement (temporary or otherwise) established (before or after the commencement of this Act) by—
(i)the Parliament or government of the State; or
(ii)an institution (whether governmental or non-governmental) or other entity—
for or in respect of persons who have suffered institutional child sexual abuse in the State (whether applying only to any such persons or applying to any class of victims of crime) and any associated matters; or
(b)the jurisdiction of a court or tribunal to grant compensation or support for or in respect of victims of crime (including crime relating to institutional child sexual abuse) and any associated matters.
(2)A matter referred by section 4(2) does not include the matter of making a law to the extent that that law would operate to prevent or limit the power to establish, or to prevent or limit the operation of, any State redress mechanism, whether or not the mechanism deals with the same or similar subject-matters as those dealt with in any aspect of the National Redress Scheme.
(3)Subsection (2) does not cover any of the following matters (if they would otherwise be covered by section 4(2))—
(a)any matter to which the initial referred provisions relate;
(b)the matter of the release or discharge, in connection with the operation of the National Redress Scheme, of relevant civil liability of institutions or officials;
(c)the matter of the disclosure or use of evidence or other information provided or obtained in connection with the operation of the National Redress Scheme;
(d)the matter of the making, enforcement or protection (for example, protection against the operation of orders in the nature of garnishee orders) of payments in connection with the operation of the National Redress Scheme.
6Requirements for agreement of the State
A matter referred by section 4(2) does not include the matter of making a law to the extent that that law would substantively remove or override a provision of the National Redress Act that requires the agreement of the State.
7Termination of references
(1)The Governor in Council may, at any time, by proclamation published in the Government Gazette, fix a day as the day on which—
(a)the text reference is to terminate; or
(b)the amendment reference is to terminate—
or both.
(2)The Governor in Council may, by proclamation published in the Government Gazette, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been published.
(3)A revoking proclamation has effect only if published before the day fixed under subsection (1).
(4)The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.
8Effect of termination of amendment reference before text reference
(1)If the amendment reference terminates before the text reference, the termination of the amendment reference does not affect—
(a)laws that were made under that reference before that termination (whether or not they have come into operation before that termination); or
(b)the continued operation in the State of the National Redress Act as in operation immediately before that termination or as subsequently amended or affected by—
(i)laws referred to in paragraph (a) that come into operation after that termination; or
(ii)provisions referred to in section 4(5).
(2)Accordingly, the amendment reference continues to have effect for the purposes of subsection (1) unless the text reference is terminated.
Part 3—Miscellaneous
9How agreement of the State is given, withdrawn and evidenced
(1)The regulations may make provision for or with respect to, or (subject to any relevant provisions of the regulations) the Minister may give directions as to, how the agreement of the State is to be given or withdrawn, and may be evidenced for the purposes of, and consistently with, this Act and the National Redress Scheme.
(2)Without limitation—
(a)the regulations or directions may authorise a person to give agreement on behalf of the State; and
(b)the agreement of the State to State institutions participating in the National Redress Scheme may be given in respect of—
(i)one or more particular State institutions; or
(ii)a class of State institutions, however described.
10Information sharing
(1)In this section—
Operator means the Operator within the meaning of the National Redress Act;
State agency means the whole or part of a body (whether or not incorporated) established for a public purpose by or under a law of the State, whether or not it is a State institution or participating State institution, and includes the whole or part of a body or class of bodies prescribed by the regulations as being within this definition, but does not include the whole or part of a body or class of bodies prescribed by the regulations as not being within this definition.
(2)A participating State institution may give information to the Operator for the purpose of complying with a request made by the Operator to the participating State institution under the National Redress Act to give information in relation to an application under the National Redress Scheme.
(3)A State agency may give information to another State agency for the purpose of assisting any participating State institution to comply with a request made by the Operator to the participating State institution under the National Redress Act to give information as referred to in subsection (2).
(4)Nothing in a law of the State prevents—
(a)a participating State institution from giving information to the Operator as referred to in subsection (2); or
(b)a State agency from giving information to another State agency as referred to in subsection (3)—
unless that law is prescribed by the regulations under this Act.
(5)A reference in this section to a participating State institution is a reference to a participating State institution that is, is part of or is connected with the State.
11Payments to and from the Consolidated Fund
The following amounts are payable out of the Consolidated Fund, which is appropriated to the necessary extent—
(a)payments to the Commonwealth for the funding contribution that the State is liable to pay under section 149 of the National Redress Act including, but not limited to—
(i)the redress element within the meaning of section 151 of that Act; and
(ii)the scheme administration element within the meaning of section 152 of that Act; and
(iii)late payment penalty within the meaning of section 154 of that Act;
(b)expenditure approved for the purposes of this Act by the Treasurer for support services, including the provision of counselling and psychological services within the meaning of section 52(1)(b) of the National Redress Act;
(c)expenditure approved by the Treasurer for the costs of administering the State's participation in the National Redress Scheme.
12Regulations
The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule 1—Scheduled text of the proposed Bill for a Commonwealth Act
2016‑2017‑2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Redress Scheme for Institutional Child Sexual Abuse Bill 2018
No. , 2018
(Social Services)
A Bill for an Act to establish the National Redress Scheme for Institutional Child Sexual Abuse, and for related purposes
Contents
Chapter 1—Introduction 23
Part 1‑1—Introduction 23
Division 1—Preliminary 23
1 Short title 23
2 Commencement 23
Division 2—Objects of this Act 24
3 Objects of this Act 24
Division 3—Simplified outline of this Act 25
4 Simplified outline of this Act 25
Part 1‑2—Definitions 28
Division 1—Simplified outline of this Part 28
5 Simplified outline of this Part 28
Division 2—The Dictionary 29
6 The Dictionary 29
Chapter 2—The National Redress Scheme for Institutional Child Sexual Abuse 36
Part 2‑1—Establishment of the scheme 36
Division 1—Simplified outline of this Part 36
7 Simplified outline of this Part 36
Division 2—Establishment of the scheme 37
8 Establishment of the scheme 37
9 The National Redress Scheme Operator 37
10 General principles guiding actions of officers under the scheme 37
Part 2‑2—Entitlement to redress under the scheme 39
Division 1—Simplified outline of this Part 39
11 Simplified outline of this Part 39
Division 2—Entitlement to redress under the scheme 41
12 When is a person entitled to be provided with redress? 41
13 When is a person eligible for redress? 41
14 When is abuse within the scope of the scheme? 42
15 When is an institution responsible for abuse? 43
16 What redress is provided to a person? 44
17 What is redress for? 45
Part 2‑3—How to obtain redress under the scheme 46
Division 1—Simplified outline of this Part 46
18 Simplified outline of this Part 46
Division 2—Application for redress under the scheme 48
19 Application for redress 48
20 When an application cannot be made 48
21 Special process for child applicants 49
22 Withdrawal of an application 49
23 Notice of a withdrawal to participating institutions 49
Division 3—Obtaining information for the purposes of determining the application 50
24 Power to request information from the applicant 50
25 Power to request information from participating institutions 51
26 Failure of the applicant or institutions to comply with a request 52
27 State or Territory laws do not prevent complying with request 53
28 False or misleading information, documents or statements 53
Division 4—The Operator must determine whether to approve the application 54
29 The Operator must make a determination on the application 54
30 Working out the amount of redress payment and sharing of costs 57
31 Working out the amount of the counselling and psychological component and sharing of costs 59
32 The assessment framework 60
33 The assessment framework policy guidelines 60
Division 5—Notice of determination to applicant and participating institutions 61
34 Notice of determination to applicant 61
35 Notice of determination to participating institutions 61
Division 6—Effect of determination and admissibility of evidence in civil proceedings 63
36 Effect of determination 63
37 Admissibility of documents in evidence in civil proceedings 63
Part 2‑4—Offers and acceptance of redress 65
Division 1—Simplified outline of this Part 65
38 Simplified outline of this Part 65
Division 2—Offers of redress 66
39 Offer of redress 66
40 Acceptance period for offers of redress 68
41 Notice of offer to participating institutions 68
Division 3—Accepting or declining offers of redress 70
42 Accepting the offer of redress 70
43 Effect of acceptance on civil liability 71
44 Notice to participating institutions that the offer is accepted 72
45 Declining the offer of redress 72
46 Notice to participating institutions that the offer is declined 73
Part 2‑5—Provision of redress under the scheme 74
Division 1—Simplified outline of this Part 74
47 Simplified outline of this Part 74
Division 2—The redress payment 75
48 The Operator must pay the redress payment 75
49 Protection of the redress payment—general 75
50 Additional protection of the redress payment—garnishee orders 76
Division 3—Counselling and psychological component of redress 77
51 The Operator must enable access to the counselling and psychological component of redress 77
52 Protection of the counselling and psychological services payment—general 77
53 Additional protection of the counselling and psychological services payment—garnishee orders 78
Division 4—Direct personal responses 80
54 Direct personal response from responsible institutions 80
55 The direct personal response framework 80
56 General principles guiding provision of direct personal responses 81
Chapter 3—Special rules to deal with exceptional cases 82
Part 3‑1—Special rules allowing entitlement to redress 82
Division 1—Simplified outline of this Part 82
57 Simplified outline of this Part 82
Division 2—Death of person before acceptance of redress offer 83
58 Person dies before determination is made on application for redress 83
59 Person dies before offer of redress is accepted, declined or withdrawn 84
60 Entitlement to redress payment 85
Division 3—Abuse for which a Commonwealth institution or participating Territory institution is responsible 86
61 Abuse occurring inside a non‑participating State 86
Part 3‑2—Special rules excluding entitlement to redress 87
Division 1—Simplified outline of this Part 87
62 Simplified outline of this Part 87
Division 2—Special assessment of applicants with serious criminal convictions 88
63 Special assessment of applicants with serious criminal convictions 88
Division 3—Security notices 91
Subdivision A—No entitlement to redress while security notice in force 91
64 Person not entitled to redress while security notice in force 91
Subdivision B—Security notice 91
65 Security notice from the Home Affairs Minister 91
66 Notice from the Foreign Affairs Minister 92
67 Copy of a security notice to be given to the Operator and the Human Services Secretary 92
68 Period a security notice is in force 93
69 Annual review of a security notice 93
70 Revoking a security notice 93
Subdivision C—Other matters affected by a security notice 93
71 Other matters affected by a security notice 93
Chapter 4—Administrative matters 95
Part 4‑1—Review of determinations 95
Division 1—Simplified outline of this Part 95
72 Simplified outline of this Part 95
Division 2—Review of determinations 96
73 Application for review of determination 96
74 Withdrawal of application for review 96
75 The review 96
76 Date of effect of review determination 97
77 Notice of review determination to applicant 97
78 Interaction between review and offer of redress 97
79 Notices to participating institutions about review 98
Part 4‑2—Nominees 99
Division 1—Simplified outline of this Part 99
80 Simplified outline of this Part 99
Division 2—Appointment of nominees 100
81 Appointment of nominees 100
82 Suspension and revocation of nominee appointments 101
Division 3—Duties, functions and responsibilities of nominees 103
83 Duty of nominee 103
84 Actions of assistance nominee 103
85 Actions of legal nominee 104
86 Giving notices to assistance nominee or legal nominee 104
87 Nominee to inform the Operator of matters affecting ability to act as nominee 105
Division 4—Other matters relating to nominees 106
88 Protection of person against liability for actions of nominee 106
89 Protection of nominee against criminal liability 106
90 Informing nominee if notice given to person 106
Part 4‑3—Protecting information under the scheme 107
Division 1—Simplified outline of this Part 107
91 Simplified outline of this Part 107
Division 2—Use and disclosure of protected information 108
92 Protected information 108
93 Main authorisation—obtaining, recording, disclosing or using protected information 108
94 Additional authorisation—Operator disclosing to nominee 109
95 Additional authorisation—Operator disclosing in public interest or for another specified purpose 109
96 Additional authorisation—Operator disclosing for law enforcement or child safety or wellbeing 110
97 Additional authorisation—disclosing etc. for a permitted purpose 112
98 Additional authorisation—person engaged by participating institution disclosing etc. for a specified purpose 113
99 Offence—unauthorised access, recording, disclosure or use of protected information 114
100 Offence—soliciting disclosure of protected information 115
101 Offence—offering to disclose protected information 115
Division 3—Use and disclosure of the assessment framework policy guidelines 116
102 Main authorisation for obtaining, recording, disclosing or using the assessment framework policy guidelines 116
103 Additional authorisation—disclosure and use in accordance with the National Redress Scheme Agreement 116
104 Offence—unauthorised recording, disclosure or use of assessment framework policy guidelines 116
Division 4—Other matters 118
105 Disclosures to a court or tribunal 118
106 Disclosing information in good faith 119
Chapter 5—Participating institutions, participating groups and participating jurisdictions 120
Part 5‑1—Participating institutions 120
Division 1—Simplified outline of this Part 120
107 Simplified outline of this Part 120
Division 2—Institutions participating in the scheme 122
Subdivision A—Participating institutions 122
108 What is a participating institution? 122
Subdivision B—Commonwealth institutions 122
109 What is a Commonwealth institution? 122
Subdivision C—Participating State institutions 123
110 What is a participating State institution? 123
111 What is a State institution? 123
Subdivision D—Participating Territory institutions 124
112 What is a participating Territory institution? 124
113 What is a Territory institution? 124
Subdivision E—Participating non‑government institutions 124
114 What is a participating non‑government institution? 124
Division 3—Ministerial declarations about participating institutions 126
115 Institutions becoming participating institutions 126
116 Institutions ceasing to be participating institutions 127
Division 4—Participating defunct institutions 130
Subdivision A—Participating defunct institutions 130
117 What is a participating defunct institution? 130
Subdivision B—Representatives for participating defunct institutions 130
118 Representatives for participating defunct institutions 130
119 Becoming the representative for a defunct non‑government institution 131
120 Ceasing to be the representative for a defunct non‑government institution 131
121 Actions of the representative for a defunct institution 132
122 Giving notices to the representative for a defunct institution 132
123 Obligations and liabilities of the representative for a defunct institution 133
Division 5—Participating lone institutions 134
Subdivision A—Participating lone institutions 134
124 What is a participating lone institution? 134
Subdivision B—Representatives for participating lone institutions 134
125 Representatives for participating lone institutions 134
126 Becoming the representative for an unincorporated lone institution 135
127 Becoming the representative for an incorporated lone institution 135
128 Ceasing to be the representative for a lone institution 135
129 Actions of the representative for a lone institution 136
130 Giving notices to the representative for a lone institution 137
131 Joint and several liability of the representative for an unincorporated lone institution for funding contribution 137
Part 5‑2—Groups of institutions participating in the scheme 138
Division 1—Simplified outline of this Part 138
132 Simplified outline of this Part 138
Division 2—Participating groups 139
133 Participating groups 139
134 Institutions becoming members of a participating group 139
135 Institutions ceasing to be members of a participating group 140
Division 3—Representatives for participating groups 142
136 Representatives for participating groups 142
137 Becoming the representative for a participating group of non‑government institutions 142
138 Ceasing to be the representative for a participating group of non‑government institutions 143
139 Actions of the representative for a participating group 144
140 Giving notices to the representative for a participating group 144
141 Joint and several liability of the representative for funding contribution 144
Part 5‑3—Jurisdictions participating in the scheme 145
Division 1—Simplified outline of this Part 145
142 Simplified outline of this Part 145
Division 2—Participating jurisdictions 146
143 What is a participating jurisdiction? 146
144 What is a participating State? 146
145 The referred national redress scheme matters 149
Division 3—Participating jurisdictions providing counselling and psychological services under the scheme 151
146 Participating jurisdictions that are declared providers 151
147 Ministerial declarations about declared providers 151
Chapter 6—Financial matters 152
Part 6‑1—Liability for funding 152
Division 1—Simplified outline of this Part 152
148 Simplified outline of this Part 152
Division 2—Liability of participating institutions for funding contribution 154
149 Liability for funding contribution 154
150 Funding contribution 154
151 Redress element 155
152 Scheme administration element 155
153 When funding contribution is due for payment 155
154 Late payment penalty 156
155 Payment of funding contribution and late payment penalty 156
156 Waiver of funding contribution and late payment penalty 156
157 Review of decision about waiving funding contribution or penalty 157
158 Liability of corporate State or Territory institutions for funding contribution 158
Division 3—Liability of the Commonwealth for counselling and psychological services contribution 159
159 Liability for counselling and psychological services contribution 159
160 Counselling and psychological services contribution 159
Division 4—Appropriation 160
161 Appropriation 160
Part 6‑2—Funders of last resort 161
Division 1—Simplified outline of this Part 161
162 Simplified outline of this Part 161
Division 2—Funders of last resort 162
163 Funders of last resort 162
164 Listing defunct institutions 162
Division 3—Special rules for funder of last resort cases 164
165 Special rules for funder of last resort cases 164
Part 6‑3—Debt recovery 166
Division 1—Simplified outline of this Part 166
166 Simplified outline of this Part 166
Division 2—Debt recovery 167
167 Recovery of amounts (other than funding contribution and late payment penalty) 167
168 Recovery of funding contribution and late payment penalty 168
169 Legal proceedings to recover debt 168
170 Arrangement for payment of debt 168
171 Recovery of amounts from financial institutions 169
172 Repayment of recovered amount to participating institutions 170
Chapter 7—Other matters 171
Part 7‑1—Application of this Act 171
Division 1—Simplified outline of this Part 171
173 Simplified outline of this Part 171
Division 2—Application of this Act 172
174 Constitutional basis for this Act 172
175 Concurrent operation with State and Territory laws 173
176 Extraterritorial application and extension to external Territories 173
177 Crown to be bound 174
Part 7‑2—The National Redress Scheme Rules 175
Division 1—Simplified outline of this Part 175
178 Simplified outline of this Part 175
Division 2—The National Redress Scheme Rules 176
179 The National Redress Scheme Rules 176
Part 7‑3—Other matters 178
Division 1—Simplified outline of this Part 178
180 Simplified outline of this Part 178
Division 2—Giving notices for the purposes of the scheme 180
181 Persons or institutions giving notices to the Operator 180
182 Operator giving notices to persons or institutions 180
Division 3—Delegation 181
183 Delegation by the Minister 181
184 Delegation by the Operator 181
Division 4—Independent decision‑makers 182
185 Engaging persons to be independent decision‑makers 182
Division 5—Miscellaneous 183
186 Giving agreement 183
187 Annual report on operation of the scheme 183
188 Approved forms 183
189 Determinations of the Operator to be in writing 183
190 Civil penalty provisions 184
191 Compensation for acquisition of property 185
192 Review of the scheme 185
193 Sunset of the scheme 187
A Bill for an Act to establish the National Redress Scheme for Institutional Child Sexual Abuse, and for related purposes
The Parliament of Australia enacts:
Chapter 1—Introduction
Part 1‑1—Introduction
Division 1—Preliminary
1Short title
This Act is the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
2Commencement
(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.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | As follows: (a) if this Act receives the Royal Assent before 1 July 2018—1 July 2018; (b) if this Act receives the Royal Assent on or after 1 July 2018—a single day to be fixed by Proclamation. 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. | |
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.
Division 2—Objects of this Act
3Objects 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 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.
Division 3—Simplified outline of this Act
4Simplified outline of this Act
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 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 are responsible for the abuse; and
(e)at the time of the application, the person is an Australian citizen or a permanent resident.
A participating institution is responsible for abuse of a person if the abuse occurred in circumstances where the participating 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.
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.
Part 1‑2—Definitions
Division 1—Simplified outline of this Part
5Simplified outline of this Part
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.
Division 2—The Dictionary
6The Dictionary
In this Act:
abuse means sexual abuse or non‑sexual abuse.
abuser: a person is the abuser of another person if the person has abused the other person.
acceptance document: see subsection 42(2).
acceptance period: see section 40.
adoption Act: see subsection 144(9).
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 an associate of another participating institution, see subsection 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 subsection 51(3).
declared provider: see subsection 146(2).
defunct: an institution is defunct 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.
entitled: see subsections 12(2), (3) and (4).
equally responsible: for when a participating institution is equally 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 the Banking Act 1959.
Foreign Affairs Minister means the Minister administering the Australian Passports Act 2005.
funder of last resort: for when a participating government institution is the funder of last resort for a defunct institution, 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 the Australian Security Intelligence Organisation Act 1979.
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
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.
legal nominee means a person who is appointed as a legal nominee under paragraph 81(1)(b).
listed: for when a defunct institution is listed for a participating jurisdiction, see subsection 164(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 of Operator.
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 subsections 108(2) and 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).
permitted purpose: see paragraph 97(1)(e).
primarily responsible: for when a participating institution is primarily 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.
redress: see subsection 16(1).
redress element: see section 151.
redress payment means a payment payable under section 48 or 60.
referral Act: see subsection 144(9).
referred national redress scheme matters: see subsections 145(1) and (2).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related: non‑sexual abuse of a person is related to sexual abuse of the person if a participating 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 a participating institution is responsible for abuse of a person, see subsections 15(1), (5) and (6).
responsible institution: an institution is a responsible 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).
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).
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 the Public Governance, Performance and Accountability Act 2013.
within the scope: for when abuse is within the scope of the scheme, see section 14.
Chapter 2—The National Redress Scheme for Institutional Child Sexual Abuse
Part 2‑1—Establishment of the scheme
Division 1—Simplified outline of this Part
7Simplified outline of this Part
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.
Division 2—Establishment of the scheme
8Establishment of the scheme
The National Redress Scheme for Institutional Child Sexual Abuse is established by this Act.
9The National Redress Scheme Operator
(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.
10General principles guiding actions of officers under the scheme
(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.
Part 2‑2—Entitlement to redress under the scheme
Division 1—Simplified outline of this Part
11Simplified outline of this Part
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 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.
Division 2—Entitlement to redress under the scheme
12When is a person entitled to be provided with redress?
(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.
13When is a person eligible for redress?
(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 participating institutions are responsible for the abuse (see section 15); 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 subsection 108(2).
(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.
14When is abuse within the scope of the scheme?
(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.
15When is an institution responsible for abuse?
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 or equally 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 or equally responsible for abuse of a person in the circumstances (if any) prescribed by the rules.
16What redress is provided to a person?
(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 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.
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 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.
17What is redress for?
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)).
Part 2‑3—How to obtain redress under the scheme
Division 1—Simplified outline of this Part
18Simplified outline of this Part
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.
(2)If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in:
(a)the Federal Court of Australia; or
(b)the Supreme Court of a State or participating Territory;
for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
192Review of the scheme
Second anniversary review
(1)The Minister must cause a review of the operation of the scheme to be commenced as soon as possible after:
(a)the second anniversary of the scheme start day; or
(b)if, before the second anniversary, the rules prescribe a day that is after the second anniversary—that day.
(2)The second anniversary review must consider the following matters:
(a)the extent to which the States, participating Territories and non‑government institutions have opted into the scheme, including key facilitators and barriers to opting in;
(b)the extent to which survivors who are eligible for redress under the scheme have applied for redress;
(c)the extent to which redress has been provided to survivors who are entitled to redress under the scheme;
(d)the application, assessment and decision‑making process, including user experiences of the process;
(e)redress payments;
(f)access to counselling and psychological services under the scheme;
(g)the extent to which survivors access direct personal responses under the scheme, including factors influencing the uptake and experiences with the direct personal response process;
(h)the availability of, and access to, support services under the scheme;
(i)the implications of the scheme’s design for survivors (including Indigenous and child migrant survivors, as well as survivors who are still children or who have a criminal conviction);
(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.
193Sunset 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.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 May 2018
Legislative Council: 24 May 2018
The long title for the Bill for this Act was "A Bill for an Act to refer certain matters relating to the National Redress Scheme for Institutional Child Sexual Abuse to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth; and for other purposes."
The National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 was assented to on 13 June 2018 and came into operation on 13 June 2018: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.
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