to recognise and alleviate the impact of past institutional child sexual abuse and related abuse; and

to provide justice for the survivors of that abuse.

to establish the National Redress Scheme for Institutional Child Sexual Abuse; and

to provide redress under the scheme which consists of:

a monetary payment to survivors as a tangible means of recognising the wrong survivors have suffered; and

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

a direct personal response to survivors from the participating institutions and partly-participating institutions responsible; and

to enable institutions responsible for abuse of survivors to participate in the scheme to provide that redress to those survivors; and

to implement the joint response of:

the Commonwealth Government; and

the government of each participating State; and

the government of each participating Territory;

to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to redress.

enter into a contract, agreement, deed or understanding relating to the provision of support or assistance provided under the scheme; and

vary and administer that contract, agreement, deed or understanding.

what is known about the nature and impact of child sexual abuse, and institutional child sexual abuse in particular; and

the cultural needs of survivors; and

the needs of particularly vulnerable survivors.

the person applies for redress under section 19; and

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

the Operator approves the application under section 29; and

the Operator makes an offer of redress to the person under section 39; and

the person accepts the offer in accordance with section 42.

the person was sexually abused; and

the sexual abuse is within the scope of the scheme (see section 14); and

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

one or more of the following are responsible for the abuse (see section 15):

a participating institution;

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.

it occurred when the person was a child; and

it occurred:

inside a participating State; or

inside a Territory; or

outside Australia; and

it occurred before the scheme start day.

the institution and one or more other institutions are approximately equally responsible for the abuser having contact with the person; and

no institution is primarily responsible for the abuse of the person.

Relevant circumstances for determining responsibility

whether the institution was responsible for the day-to-day care or custody of the person when the abuse occurred;

whether the institution was the legal guardian of the person when the abuse occurred;

whether the institution was responsible for placing the person into the institution in which the abuse occurred;

whether the abuser was an official of the institution when the abuse occurred;

whether the abuse occurred:

on the premises of the institution; or

where activities of the institution took place; or

in connection with the activities of the institution;

any other circumstances that are prescribed by the rules.

a redress payment (of up to $150,000); and

a counselling and psychological component which, depending on where the person lives (as stated in the person’s application for redress), consists of:

access to counselling and psychological services provided under the scheme; or

a payment (of up to $5,000) to enable the person to access counselling and psychological services provided outside of the scheme; and

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; and

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.

be in the approved form; and

specify where the person lives; and

include any information, and be accompanied by any documents, required by the Operator.

the person has already made an application for redress under the scheme; or

a security notice is in force in relation to the person; or

the person is a child who will not turn 18 before the scheme sunset day; or

the application is being made in the period of 12 months before the scheme sunset day.

a person makes an application for redress under the scheme; and

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.

a person withdraws an application under subsection 22(1); and

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.

the nature of the information that is requested to be given; and

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

that the notice is given under this section.

if the Operator considers the application is urgent—4 weeks; and

otherwise—8 weeks;

beginning on the date of the notice.

on the Operator’s own initiative; or

on a request made by the person under subsection (7).

be made before the end of the production period; and

comply with any requirements prescribed by the rules.

the application identifies a particular participating institution or partly-participating institution as being involved in the abuse of the person; or

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.

the nature of the information that is requested to be given; and

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

that the notice is given under this section.

if the Operator considers the application is urgent—4 weeks; and

otherwise—8 weeks;

beginning on the date of the notice.

on the Operator’s own initiative; or

on a request made by the institution under subsection (8).

be made before the end of the production period; and

comply with any requirements prescribed by the rules.

under section 24, the Operator requests a person who has made an application for redress to provide further information; and

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.

under section 25, the Operator requests a participating institution or partly-participating institution to provide information in relation to an application for redress; and

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.

approve the application; and

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

determine, in accordance with section 30:

the amount of the redress payment for the person; and

the amount of each responsible institution’s share of the costs of the redress payment; and

the amount of the Commonwealth’s share of the costs of the redress payment; and

determine, in accordance with section 31:

the amount of the counselling and psychological component of redress for the person; and

the amount of each responsible institution’s share of the costs of that component; and

determine whether the counselling and psychological component of redress for the person consists of:

access to the counselling and psychological services that are provided under the scheme; or

a counselling and psychological services payment; and

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

for each responsible institution—determine the participating group (if any) of which the responsible institution is a member at that time; and

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

if:

the Operator determines, in accordance with section 15, that a participating government institution is equally responsible with a defunct institution for the abuse; and

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

determine each of the following institutions that is responsible for the abuse (see section 15):

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;

a partly-participating institution (see section 164B);

an institution that is listed for a participating jurisdiction under section 164C;

for each institution that is covered by a determination under paragraph (j)—determine:

each participating jurisdiction that is an eligible funding jurisdiction for the institution in relation to the abuse (see section 164D); and

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

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:

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

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

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

for each institution:

that was identified in the application; and

to which subparagraph (j)(i), (ii) or (iii) applies; and

that is not covered by a determination under paragraph (j) of this section;

determine that the institution is not responsible for the abuse.

Determination not to approve application

the person has been given an offer of redress; and

the person has accepted the offer in accordance with section 42.

every determination made under subsection (2) or (3) is taken never to have been made; and

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

if the person has made an application for review of the determination—the review application is taken to be withdrawn; and

the Operator may make further requests under section 24 or 25 for information relating to the person’s application.

the person; and

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:

that the determination has been revoked;

that the determination is taken never to have been made;

if an offer of redress has been withdrawn under paragraph (6)(b)—that fact;

if an application for review of the determination has been withdrawn under paragraph (6)(c)—that fact;

any other matter prescribed by the rules.

the amount of the redress payment for a person; and

the amount of each responsible institution’s share of the costs of the redress payment; and

the amount of the Commonwealth’s share of the costs of the redress payment.

Working out institution’s share of the costs of redress payment

starting when the relevant prior payment was paid to the person; and

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:

the institutions’ total share (worked out under subsection (3)); and

the amount worked out under step 1 of this method statement.

there are no relevant prior payments; or

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.

Working out amount of redress payment

adding together:

the institutions’ total share (worked out under subsection (3)); and

the Commonwealth’s share of the costs of the redress payment (worked out under subsection (4)); and

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.

the amount of the counselling and psychological component of redress for a person; and

the amount of each responsible institution’s share of the costs of that component.

the amount of redress payment for a person; and

the amount of the counselling and psychological component of redress for a person.

whether or not the application has been approved; and

the reasons for the determination; and

that the person may apply under section 73 for review of the determination during the review period for the determination.

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

if subsection (2) does not apply—specify the review period for the determination; and

comply with any matters prescribed by the rules.

Review period

start on the date of the notice; and

be at least 28 days, but not longer than 6 months.

on the Operator’s own initiative; or

on a request made by the person under subsection (9).

the Operator makes a determination under section 29 in relation to a person; and

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).

whether or not the application has been approved; and

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:

that fact; and

the amount of the redress payment for the person; and

the amount of the institution’s share of the costs of that payment; and

the amount of the Commonwealth’s share of the costs of that payment; and

if an advance payment for the person has been paid—the amount of the advance payment; and

the amount of the counselling and psychological component of redress for the person; and

the amount of the institution’s share of the costs of that component; and

if the Operator determined under paragraph 29(2)(g) that the institution is a member of a participating group—the participating group; and

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

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

the reasons for the determination, as they relate to the institution or participating group; and

the period within which the person may apply under section 73 for review of the determination.

the Operator makes a determination under section 29 in relation to a person; and

the determination is that the application has been approved; and

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).

that the application has been approved; and

that the Operator determined:

under paragraph 29(2)(j) that one or more institutions are responsible for the abuse; and

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

the amount of the redress payment for the person; and

the amount of the participating jurisdiction’s share of the costs of the redress payment for the person; and

the amount of the Commonwealth’s share of the costs of the redress payment for the person; and

if an advance payment for the person has been paid—the amount of the advance payment; and

the amount of the counselling and psychological component of redress for the person; and

the amount of the participating jurisdiction’s share of the costs of the counselling and psychological component of redress for the person; and

the amount of the Commonwealth’s share of the costs of the counselling and psychological component of redress for the person; and

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

the reasons for the determination under section 29, as they relate to the participating jurisdiction; and

the period within which the person may apply under section 73 for review of the determination.

an institution is, or is not, responsible for the abuse of a person; or

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.

an institution is responsible for abuse of a person; or

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.

a person’s application for redress;

a document created solely for the purposes of accompanying a person’s application for redress;

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.

on the Operator’s own initiative; or

on a request made by the person under subsection (4).

before the end of the acceptance period; or

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)).

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

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).

the Operator gives an offer of redress under section 39; and

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.

state the acceptance period for the offer; and

comply with any requirements prescribed by the rules.

the Operator gives an offer of redress under section 39; and

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.

state the acceptance period for the offer; and

comply with any requirements prescribed by the rules.

is in the approved form; and

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:

all participating institutions that are determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse of the person;

all participating institutions that are identified in the offer under paragraph 39(g) as being associates of those responsible institutions;

all officials of those responsible institutions and associates (other than an official who is an abuser of the person); and

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

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

states the components of redress that the person wishes to receive; and

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

acknowledges that the person understands the effect of accepting the offer; and

is signed by the person; and

complies with any requirements prescribed by the rules.

before the end of the acceptance period; and

in the manner (if any) prescribed by the rules.

the person’s acceptance of the offer; and

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

any matters prescribed by the rules.

is in the approved form; and

states that the person declines the offer; and

acknowledges that the person understands the effect of declining the offer (including that the person will not be able to make another application for redress under the scheme); and

is signed by the person; and

complies with any requirements prescribed by the rules.

Declining by not accepting in the acceptance period

the person has applied for review under section 73 of the Operator’s determination on the person’s application for redress; and

the review has not been completed at the end of the acceptance period.

a person accepts or declines an offer of redress in accordance with section 42 or 45; and

the offer specified an institution under subparagraph 39(ia)(i), and a funder of last resort for the institution under subparagraph 39(ia)(ii); and

the institution is a partly-participating institution;

then the Operator must give the institution a written notice in accordance with subsection (2) of this section.

that the Operator determined under paragraph 29(2)(j) that the institution was responsible for the abuse; and

the reasons for the determination under section 29, as they relate to the institution; and

whether the person accepted or declined the offer; and

if the person accepted the offer—whether the person wishes to receive a direct personal response from the institution.

a person is entitled to redress under the scheme (see section 12); and

the person stated in the acceptance document that the person wishes to be paid the redress payment;

then the Operator must pay the redress payment to the person as soon as practicable.

(a) another person (an administrator) has been appointed by a court, tribunal or board, or other entity prescribed by the rules, under a law of the Commonwealth, a State or a Territory to make decisions on behalf of the person in relation to all or part of the person’s property or financial affairs or matters; and

the Operator considers that it is appropriate in the circumstances;

then the Operator must pay the redress payment to the administrator as soon as practicable.

the Operator pays part of the redress payment in one or more instalments; and

the person dies before the Operator pays the last instalment;

the Operator must pay the unpaid amount of the payment, in accordance with subsection (1) or (1A), as soon as practicable.

(a) the Social Security Act 1991 and the Veterans’ Entitlements Act 1986; and

any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

the payment and the entitlement to the payment are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

no amount may be deducted from the payment.

a redress payment is being paid, or has been paid, to the credit of an account; and

a court order in the nature of a garnishee order comes into force in relation to the account;

the court order does not apply to the saved amount (if any) in the account.

a person is entitled to redress under the scheme (see section 12); and

the person stated in the acceptance document under section 42 that the person wishes to access the counselling and psychological component of redress.

the Operator must, as soon as practicable after the person becomes entitled to redress, refer the person to the participating jurisdiction; and

the participating jurisdiction must, as soon as practicable after receiving the referral, provide for the delivery of counselling and psychological services under the scheme in accordance with the National Service Standards.

another person is an administrator of the person (as referred to in subsection 48(1A)); and

the Operator considers that it is appropriate in the circumstances;

then the Operator must pay the counselling and psychological services payment to the administrator.

the Operator pays part of the counselling and psychological services payment in one or more instalments; and

the person dies before the Operator pays the last instalment;

the Operator must pay the unpaid amount of the payment, in accordance with subsection (3) or (3A), as soon as practicable.

(a) the Social Security Act 1991 and the Veterans’ Entitlements Act 1986; and

any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

the payment and the entitlement to the payment are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

no amount may be deducted from the payment.

a counselling and psychological services payment is being paid, or has been paid, to the credit of an account; and

a court order in the nature of a garnishee order comes into force in relation to the account;

the court order does not apply to the saved amount (if any) in the account.

an apology or a statement of acknowledgement or regret;

an acknowledgement of the impact of the abuse on the person;

an assurance as to the steps the institution has taken, or will take, to prevent abuse occurring again;

an opportunity for the person to meet with a senior official of the institution.

meaningful recognition of the institution’s responsibility by way of a statement of apology, acknowledgement or regret; and

an assurance as to steps taken to protect against further abuse.

the person has made an application for redress under the scheme; and

the application includes a statement by the person to the effect that the person has suffered institutional child sexual abuse that occurred:

inside a participating State; or

inside a Territory; or

outside Australia; and

the person was not prevented under section 20 from making the application; and

the Operator has not made a determination under section 29 to approve, or not approve, the application; and

the Operator is satisfied that one or more of the following apply:

the person is aged 70 or over;

(ii) the person is aged 55 or over and is an Aboriginal person or Torres Strait Islander (both within the meaning of the Aboriginal and Torres Strait Islander Act 2005);

the person is terminally ill;

there are exceptional circumstances justifying the advance payment being made;

any other circumstances prescribed by the rules; and

the person has not died; and

the Operator considers it appropriate to do so; and

any requirements prescribed by the rules are satisfied.

the person; or

if another person is an administrator of the person and the Operator considers it appropriate in the circumstances—the administrator.

(a) the Social Security Act 1991 and the Veterans’ Entitlements Act 1986; and

any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

the payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

no amount may be deducted from the payment.

an advance payment is being paid, or has been paid, to the credit of an account; and

a court order in the nature of a garnishee order comes into force in relation to the account;

the court order does not apply to the saved amount (if any) in the account.

a person makes an application for redress under section 19; and

the person dies before a determination on the application is made under section 29.

determine, under paragraph 29(2)(b), each participating institution that is responsible for the abuse; and

determine, under paragraph 29(2)(c):

the amount of the redress payment for the person; and

the amount of each responsible institution’s share of the costs of the redress payment; and

the amount of the Commonwealth’s share of the costs of the redress payment; and

if paragraph 29(2)(i) applies to a participating government institution and a defunct institution—determine, under that paragraph, that the participating government institution is a funder of last resort for the defunct institution; and

if paragraph 29(2)(j) applies to an institution—determine, under that paragraph, that the institution is responsible for the abuse; and

if paragraph 29(2)(k) applies to a participating jurisdiction in relation to one or more institutions—determine:

under that paragraph, that the participating jurisdiction is a funder of last resort for each of those institutions in relation to the abuse; and

under paragraph 29(2)(l), the amount of the jurisdiction’s share of the costs of the redress payment for the person.

a person makes an application for redress under section 19; and

the Operator makes a determination under section 29 approving the application; and

the Operator gives the person an offer of redress under section 39; and

the person dies before the offer is accepted, declined or withdrawn.

the person had not made an application under section 73 for review of the determination; or

the person had made such an application but the review had been completed;

then the redress payment for the person is payable in accordance with section 60.

the person had made an application under section 73 for review of the determination; and

the review had not been completed;

then:

the application for review continues as if the person had not died; and

if the review determination approves the person’s application for redress—the redress payment for the person specified in the review determination is payable in accordance with section 60.

determine who should be paid the redress payment; and

pay the redress payment to that person or those persons as soon as practicable.

the deceased person’s will; and

the law relating to the disposition of the property of deceased persons.

production of probate of the will of the deceased person; or

letters of administration of the estate of the deceased person.

the person would be eligible under subsection 13(1) apart from the fact that the person does not meet the condition in paragraph 13(1)(b) because the sexual abuse of the person occurred inside a non-participating State (disregarding subsection (2) of this section); and

a Commonwealth institution or a participating Territory institution is primarily responsible for the abuse of the person.

a person makes an application under section 19 for redress for abuse of the person; and

before or after making the application, the person is sentenced to imprisonment for 5 years or longer for an offence against a law of the Commonwealth, a State, a Territory or a foreign country.

the sentence mentioned in paragraph (1)(b) of this section is for any of the following offences:

unlawful killing, attempting to commit an unlawful killing, or conspiring to commit an unlawful killing;

a sexual offence or an offence that includes the intention to commit a sexual offence;

(iii) a terrorism offence within the meaning of the Crimes Act 1914;

(iv) an offence against a law of a State, a Territory or a foreign country that the Operator is satisfied is substantially similar to a terrorism offence within the meaning of the Crimes Act 1914; or

the Operator has determined under subsection (2B) of this section that the person should undergo a special assessment process;

unless there is a determination in force under subsection (5) of this section that the person is not prevented from being entitled to redress.

Consideration of whether person should undergo a special assessment process

the person’s sentence is for an offence covered by paragraph (2)(a); or

the Operator has determined under subsection (2B) that the person should undergo a special assessment process;

the Operator must, as soon as practicable after becoming aware of the sentence or making the determination:

consider whether to make a determination under subsection (5); and

(b) give a written notice under subsection (4) to each of the following (a specified advisor):

if the abuse of the person occurred inside a participating State or a participating Territory—the Attorney-General of the State or Territory, or another person nominated by that Attorney-General in writing;

if the abuse of the person occurred outside a participating State or a participating Territory—the Commonwealth Attorney-General;

if the offence was against a law of a participating State or a participating Territory—the Attorney-General of the State or Territory, or another person nominated by that Attorney-General in writing;

if the offence was against a law not covered by subparagraph (iii)—the Commonwealth Attorney-General.

request the specified advisor to provide advice about whether the Operator should make a determination under subsection (5); and

include sufficient information to enable the specified advisor to provide that advice; and

specify the period (which must be at least 28 days starting on the date of the notice) in which the specified advisor may provide that advice.

bring the scheme into disrepute; or

adversely affect public confidence in, or support for, the scheme.

any advice given by a specified advisor in the period referred to in the notice; and

the nature of the offence; and

the length of the sentence of imprisonment; and

the length of time since the person committed the offence; and

any rehabilitation of the person; and

any other matter that the Operator considers is relevant.

is given by a specified advisor from the jurisdiction in which the abuse of the person occurred; and

is given in the period referred to in the notice;

than to any other matter.

the Foreign Affairs Minister gives the Home Affairs Minister a notice under subsection 66(1) in relation to the person; or

(b) the person’s visa is cancelled under Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); orsection 116 or 128 of the

(c) the person’s visa is cancelled under Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; orsection 134B of the

(d) the person’s visa is cancelled under Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).section 501 of the

either:

(i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian travel document; or

under section 22 of that Act, the Foreign Affairs Minister cancels a person’s Australian travel document; and

the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and

the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;

the Foreign Affairs Minister may give the Home Affairs Minister a written notice setting out those matters.

the person has made an application for redress under section 19; and

either:

a determination has not been made in relation to the application under section 29; or

an offer of redress has not been given to the person under section 39;

then, at that time, the application is taken to have been withdrawn by the person under subsection 22(1).

the person has made an application for redress under section 19; and

an offer of redress has been given to the person under section 39; and

the offer has not been accepted, declined or withdrawn;

then, at that time:

the offer is taken to be withdrawn; and

the determination made under subsection 29(2) on the application is taken to be revoked by the Operator under subsection 29(4); and

the application is taken to have been withdrawn by the person under subsection 22(1).

the person has agreed under section 71B to have the Operator reassess a determination on an application for redress; and

a reassessment decision has not been made under section 71D in relation to the determination;

then, at that time, the person is taken to have revoked the person’s agreement to have the Operator reassess the determination under subsection 71C(1).

the person has agreed under section 71B to have the Operator reassess a determination on an application for redress; and

a new offer of redress has been given to the person under section 71G; and

the offer has not been accepted, declined or withdrawn;

then, at that time:

the new offer of redress is taken to be withdrawn; and

the reassessment decision made under section 71D on the determination is taken to be revoked by the Operator; and

the person is taken to have revoked the person’s agreement to have the Operator reassess the determination under subsection 71C(1).

a person has made an application for redress under the scheme; and

(b) the Operator has made a determination to approve the application under current determination); andsection 29 (the

the person has been given an offer of redress and the person has accepted or declined the offer; and

the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person; and

at the time the current determination was made, the institution was not a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C; and

at a later time, the institution becomes a participating institution or is listed for a participating jurisdiction under section 164, 164A, 164B or 164C.

each institution determined in the current determination as a participating institution or partly-participating institution;

each participating jurisdiction (other than the Commonwealth) that is determined in the current determination under paragraph 29(2)(k);

each institution covered by paragraph (1)(f) of this section;

if an institution covered by paragraph (a) or (c) of this subsection is listed for a participating jurisdiction—that participating jurisdiction.

affirming the current determination;

setting the current determination aside and substituting a new determination.

Division 3 of Part 2-3 (obtaining information for the purposes of determining the application);

subsection 29(2) (determination to approve the application), other than paragraph (a) of that subsection;

sections 30 and 31 (working out amounts of redress payment, counselling and psychological component and share of costs);

subsection 33(1) (assessment framework policy guidelines);

subsections 165(2) and (3) (special rules for funder of last resort cases);

subsections 165A(2) to (13) (special rules for funder of last resort cases—participating jurisdictions).

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the reassessment decision because of this Part;

treat a reference to an offer of redress as a reference to a new offer of redress under section 71G;

in applying step 4 of the method statement in subsection 30(2):

(i) in relation to an institution and a relevant prior payment that was paid at a time before the first time the Operator made a determination under n as being instead the number of whole years between those times; andsection 29 on the application for redress—treat the definition of

(ii) in relation to an institution covered by paragraph 71B(1)(f) and a relevant prior payment that was paid after the first time the Operator made a determination under n as being instead the number of whole years since the relevant prior payment was paid;section 29 and before the reassessment decision was made—treat the definition of

ignore step 4 of the method statement in subsection 30(2) in relation to an institution other than an institution covered by paragraph 71B(1)(f), and a relevant prior payment that was paid after the first time the Operator made a determination under section 29 and before the reassessment decision was made;

(e) subsection (5) of this section applies if the amount of redress payment for the reassessee worked out by applying subsection 30(5) (ignoring the effect of this paragraph) is less than the amount of redress payment for the reassessee set out in the current determination (the current redress amount);

subsections (6) and (7) of this section apply if the reassessee has previously accepted an offer of redress in connection with the application for redress;

if the rules prescribe further modifications to how the amounts mentioned in sections 30 and 31 (including as modified by sections 165 and 165A) are worked out—those further modifications.

if the Operator has, in the current determination, determined under paragraph 29(2)(b) that a participating institution is responsible for the abuse—treat the institution as a participating institution (even if the institution is defunct or is a partly-participating institution at the time the reassessment decision is made); and

if the Operator has, in the current determination, determined under paragraph 29(2)(h) that a participating institution is not responsible for the abuse—treat the institution as a participating institution (even if the institution is defunct or is a partly-participating institution at the time the reassessment decision is made); and

if the Operator has, in the current determination, determined under paragraph 29(2)(i) that a participating government institution is a funder of last resort for a defunct institution in relation to the abuse—treat the government institution (whether or not it is a participating government institution at the time the reassessment decision is made) as the funder of last resort for the defunct institution; and

if the Operator has, in the current determination, determined under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort for an institution in relation to the abuse—treat the jurisdiction (whether or not it is a participating jurisdiction at the time the reassessment decision is made) as the funder of last resort for the institution.

the institution is covered by paragraph 71B(1)(f); or

if a paragraph of subsection (6) of this section applied to the institution—the Operator intends, in the reassessment decision, to determine the institution under a paragraph of subsection 29(2) that is different from the paragraph of subsection 29(2) mentioned in the relevant paragraph of subsection (6) of this section.

section 34 (notice of determination to applicant);

Division 6 of Part 2-3 (effect of determination and admissibility of evidence in civil proceedings).

treat the reassessee as the person mentioned in subsection 34(1);

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the reassessment decision because of this Part;

treat a reference to the application being approved as a reference to the reassessment decision setting the current determination aside and substituting a new determination;

treat a reference to the application not being approved as a reference to the reassessment decision affirming the current determination;

treat a reference to whether or not the application has been approved as a reference to whether the current determination has been affirmed under paragraph 71D(2)(a) or the current determination has been set aside and a new determination substituted under paragraph 71D(2)(b);

treat the reference in paragraph 34(1)(c) to section 73 as a reference to section 71T;

treat the reference in subsection 34(2) to the offer of redress under section 39 as a reference to the new offer of redress under section 71G;

treat a reference in section 37 to a person’s application for redress as a reference to the reassessee’s agreement to have the Operator reassess the current determination.

the Operator has reassessed the current determination; and

the reassessment decision is to affirm the current determination; and

either:

if subparagraph (ii) does not apply—the review period mentioned in section 34 (as it applies in relation to the reassessment decision because of section 71E) has passed; or

if the reassessee has applied to the Operator for review of the reassessment decision under section 71T—the review has been completed.

the Operator has reassessed the current determination; and

the reassessment decision is to set aside the current determination and substitute a new determination.

paragraphs 39(a) to (t) (offers of redress), other than paragraphs (r) and (ra); and

subsection (4) of this section; and

if applicable, subsection (5) of this section.

treat a reference to a provision in section 29 as a reference to that provision as it applies in relation to the new determination because of this Part;

treat paragraph 39(p) as referring instead to the effect of section 71J and the effect of section 43, as it applies in relation to the new offer of redress because of section 71H;

if the rules prescribe further modifications to the content of the new offer of redress as set out in paragraphs 39(a) to (t)—those further modifications.

inform the reassessee that, if the reassessee declines the new offer of redress, there will be no change to the existing arrangements (including those arising out of the acceptance or declining of the offer of redress made based on the current determination); and

specify the differences between the current determination and the new determination, including any difference between the amount of redress payment the reassessee is, or was, entitled to under the current determination and the amount of redress payment the reassessee would be entitled to if the reassessee accepts the new offer of redress; and

specify:

the amount (if any) of redress payment based on the current determination that has been paid to the reassessee; and

the amount (if any) of redress payment based on the current determination that has not yet been paid to the reassessee; and

the additional amount (if any) of redress payment based on the new determination that would be payable to the reassessee if the new offer of redress is accepted; and

comply with any requirements prescribed by the rules.

the reassessee had previously accepted an offer of redress based on the current determination; and

the previous acceptance document stated that the reassessee wished to receive any or all of the following components of redress:

a redress payment;

the counselling and psychological component of redress;

a direct personal response from a specified institution;

then the new offer of redress must inform the reassessee that, if the reassessee accepts the new offer of redress by giving the Operator an acceptance document (the new acceptance document) under subsection 42(2) (as it applies because of section 71H):

the statement mentioned in paragraph (b) of this subsection will be taken to be included in the new acceptance document; and

if the reassessee has received, or receives, any or all of the components of redress mentioned in paragraph (b) of this subsection—that component of redress will be taken to have been, or be, received by the reassessee in accordance with the new acceptance document.

the reassessment decision is to set aside the current determination and substitute a new determination; and

the Operator has given the reassessee a new offer of redress under subsection 71G(2).

section 40 (acceptance period for offers of redress);

Division 3 of Part 2-4 (accepting or declining offers of redress), other than sections 44, 44A and 46B.

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the new offer of redress or the reassessment decision because of this Part;

treat the reference in paragraph 45(1)(c) to “the person will not be able to make another application for redress under the scheme” as a reference to “there will be no change to the existing arrangements (including those arising out of the acceptance or declining of the offer of redress made based on the current determination)”;

treat the reference in section 46 to each institution that was notified under section 41 of the offer as a reference to each institution that was notified under paragraph 71B(4)(a) or (c);

treat the reference in subsection 46A(1) to each participating jurisdiction (if any) that was notified under section 41A of the offer as a reference to each participating jurisdiction (if any) that was notified under paragraph 71B(4)(b) or (d).

the current determination, and anything done based on the current determination, is not affected; and

the new determination has no effect from the time the new offer of redress is declined.

(a) the acceptance document (the new acceptance document) must also state that the person revokes, from the time the new acceptance document is given, the releases, discharges and promises mentioned in paragraphs 42(2)(c), (d) and (e) that were stated in the previous acceptance document;

if the rules prescribe further modifications to the content of the new acceptance document as set out in paragraphs 42(2)(a) to (j)—the new acceptance document is in accordance with those paragraphs as modified.

the previous acceptance document stated that the reassessee wished to receive any or all of the following components of redress:

a redress payment;

the counselling and psychological component of redress;

a direct personal response from a specified institution; and

the reassessee accepts the new offer of redress by giving the Operator the new acceptance document:

the new acceptance document is taken to include the statement mentioned in paragraph (a); and

if the reassessee has received, or receives, any or all of the components of redress mentioned in paragraph (a)—that component of redress will be taken to have been, or be, received by the reassessee in accordance with the new acceptance document.

the release and discharge mentioned in paragraph 43(a), as it relates to the previous acceptance document, is taken not to have been made;

paragraphs 43(b), (c) and (d), as they relate to the previous acceptance document, cease to have effect;

any direct personal response provided to the reassessee in accordance with the previous acceptance document is taken to be a document that is not admissible in evidence in civil proceedings in a court or tribunal under subsection 37(1);

any redress payment or counselling and psychological services payment previously made to or in relation to the reassessee is taken to be a part payment of the redress payment or counselling and psychological services payment required to be paid under section 48 or 51 in accordance with the new acceptance document.

states the matters set out in paragraphs 35(2)(b) to (f); and

if the institution was previously notified under this section or section 35 in relation to the reassessee—states:

the amounts mentioned in subparagraphs 35(2)(b)(ii) to (v) of the most recent previous notification and the amounts paid by the institution in relation to that notification; and

the difference in the amounts mentioned in subparagraphs 35(2)(b)(ii) to (v) between the reassessment notice and the most recent previous notification; and

the amount of the institution’s liability, or the amount that is to be credited to the institution, in relation to the reassessee (worked out in accordance with Division 7); and

states the components of redress that the reassessee wishes to receive (including whether the reassessee wishes to receive a direct personal response from the institution); and

is accompanied by a copy of the reassessee’s acceptance document; and

complies with any requirements prescribed by the rules.

states the matters set out in paragraphs 35A(2)(b) to (k); and

if the participating jurisdiction has previously been notified under this section or section 35A in relation to the reassessee—states:

the amounts mentioned in paragraphs 35A(2)(c) to (i) of the most recent previous notification and the amounts paid by the jurisdiction in relation to that notification; and

the difference in the amounts mentioned in paragraphs 35A(2)(c) to (i) as between the reassessment notice and the most recent previous notification; and

the amount of the jurisdiction’s liability, or the amount that is to be credited to the jurisdiction, in relation to the reassessee (worked out in accordance with Division 7); and

complies with any requirements prescribed by the rules.

the new offer of redress specified an institution under subparagraph 39(ia)(i), and a funder of last resort for the institution under subparagraph 39(ia)(ii); and

the institution is a partly-participating institution;

the Operator must give the institution a written notice that:

states the matters set out in paragraphs 46B(2)(a) and (b); and

states whether the reassessee wishes to receive a direct personal response from the institution; and

complies with any requirements prescribed by the rules.

(a) a person (the reassessee) agrees to have the Operator reassess a current determination under section 71B; and

the Operator makes a reassessment decision under section 71D that sets aside the current determination and substitutes a new determination; and

the Operator gives the reassessee a new offer of redress under section 71G; and

the reassessee dies before the offer is accepted, declined or withdrawn.

the reassessee had made an application under section 71T for review of the reassessment decision; and

the review had not been completed;

then:

the application for review continues as if the reassessee had not died; and

subsection (4) of this section applies after the review has been completed.

the amount of the difference is payable in accordance with section 71Q; and

for the purposes of this Act, the new determination set out in the reassessment decision is taken to be the determination made by the Operator under section 29.

(a) a person (the reassessee) agrees to have the Operator reassess a current determination under section 71B; and

the reassessee dies before the Operator makes a reassessment decision under section 71D.

the reassessment decision sets aside the current determination and substitutes a new determination; and

the amount of the redress payment determined in the reassessment decision is more than the amount of the redress payment determined in the current determination;

then:

the amount of the difference is payable in accordance with section 71Q; and

for the purposes of this Act, the new determination set out in the reassessment decision is taken to be the determination made by the Operator under section 29.

(a) the Operator had made a determination (the current determination) on a person’s application for redress under subsection 29(2); and

the person had accepted an offer of redress in connection with the application for redress under section 42; and

the Operator subsequently identified the current determination under section 71R; and

the person had died before the Operator identified the current determination.

(a) the person (the reassessee) had not died; and

the reassessee had agreed, in writing, to have the Operator reassess the current determination under this Part.

the reassessment decision sets aside the current determination and substitutes a new determination; and

the amount of the redress payment determined in the reassessment decision is more than the amount of the redress payment determined in the current determination;

then:

the amount of the difference is payable in accordance with section 71Q; and

for the purposes of this Act, the new determination set out in the reassessment decision is taken to be the determination made by the Operator under section 29.

determine who should be paid the redress payment; and

pay the amount to that person or those persons as soon as practicable.

the reassessee’s will; and

the law relating to the disposition of the property of deceased persons.

production of probate of the will of the reassessee; or

letters of administration of the estate of the reassessee.

the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person who made the application;

at the time the determination was made, the institution was not a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C;

at a later time, the institution has become a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C.

an institution becomes a participating institution;

an institution is listed for a participating jurisdiction under section 164, 164A, 164B or 164C;

the Operator must, as soon as practicable after the event occurs, identify each determination made by the Operator under section 29 on an application for redress in relation to which the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person who made the application.

make reasonable efforts to invite the person to agree under subsection 71B(2) to have the Operator reassess the determination; or

if the person is deceased—comply with subsection 71P(2) and, if applicable, subsection 71P(3).

Determination to not approve application

the determination was to not approve the application; and

the Operator is satisfied that the person who made the application would have been eligible for redress under the scheme if, at the time the determination was made, an institution identified in the application, or in the course of dealing with the application, had been a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C;

the Operator must:

make reasonable efforts to invite the person to agree, by written notice given to the Operator, to the Operator revoking the determination; or

if the person is deceased—revoke the determination.

the determination is taken never to have been made (paragraph 29(6)(a));

the Operator may make further requests for information relating to the application (paragraph 29(6)(d));

the Operator must give written notice of the revocation to various persons (subsection 29(7)).

(a) a person (the reassessee) has agreed under subsection 71B(2) to have the Operator reassess a current determination; and

the Operator has reassessed the current determination and made a reassessment decision under section 71D;

the reassessee may apply to the Operator for review of the reassessment decision.

be made within the review period mentioned in section 34 (as it applies in relation to the reassessment decision because of section 71E); and

be in the approved form.

section 74 (withdrawal of application for review);

section 75 (the review), other than paragraphs (3)(b) and (c) and subparagraph (4)(a)(i) of that section;

section 76 (date of effect of review determination);

section 77 (notice of review determination to applicant);

section 78 (interaction between review and offer of redress).

treat the reassessee as the person mentioned in subsection 74(1) and the applicant mentioned in section 77;

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the application or the reassessment decision because of this Part;

treat a reference to the original determination as a reference to the reassessment decision;

treat the reference in subparagraph 75(2)(b)(iii) to a new determination as a reference to a new decision;

treat the reference in subsection 76(3) to the determination made by the Operator under section 29 as a reference to the reassessment decision made under section 71D;

treat a reference in section 78 to an offer of redress under or in accordance with section 39 as a reference to a new offer of redress under or in accordance with section 71G;

treat the reference in paragraph 78(3)(b) to “the determination as varied or substituted approves the application for redress” as a reference to “the review determination varies or sets aside the reassessment decision and substitutes a new decision”.

a person in relation to whom paragraph 71V(a) or (b) applies in the present quarter; and

a participating institution or funder of last resort determined in the current determination or the new determination mentioned in paragraph 71V(a) or (b) in relation to the person.

share of the costs of the redress payment to the person in all quarters up to the present quarter; and

share of the costs of the counselling and psychological component of redress for the person in all quarters up to the present quarter; and

scheme administration element for all quarters up to the present quarter, to the extent it is attributable to the person;

the difference for the institution or funder of last resort between such amounts worked out:

based on the current determination in relation to the person, as in effect immediately before the start of the present quarter; and

based on the new determination in relation to the person, as in effect at the end of the present quarter.

reassessment contribution for the institution or funder of last resort for the present quarter or a quarter before the present quarter;

reassessment contribution for the institution or funder of last resort for a quarter after the present quarter for which the Operator reasonably believes the institution or funder of last resort will be liable;

funding contribution for the institution or funder of last resort for the present quarter or a quarter before the present quarter;

funding contribution for the institution or funder of last resort for a quarter after the present quarter for which the Operator reasonably believes the institution or funder of last resort will be liable.

if paragraph (b) does not apply—the institution or funder of last resort; or

if rules made for the purposes of this paragraph prescribe a different person in relation to the repayment—the person prescribed by the rules.

a person has made an application for redress; and

(b) the Operator has made a determination (the original determination) on the application under section 29;

then the person may apply to the Operator for review of the original determination.

be made before the day specified in the notice of the determination given under section 34; and

be in the approved form.

to whom the Operator’s power under this section is delegated; and

who was not involved in the making of the determination.

reconsider the determination; and

(b) make a determination (the review determination) doing one of the following:

affirming the original determination;

varying the original determination;

setting the original determination aside and substituting a new determination.

the information and documents that were available to the person who made the original determination;

any information and documents that accompany the application for review;

further information requested under section 75A or 75B.

either:

the reduction is the result of considering information mentioned in paragraph (3)(b) or (c); or

the Operator has reasonable grounds to believe that information given, a document produced, or a statement made to an officer of the scheme in relation to the application for redress, or the application for review, is false or misleading in a material particular; and

the reduction is appropriate, having regard to the principles set out in section 10.

varies the original determination; or

sets aside the original determination and substitutes a new determination.

a person is given an offer of redress under section 39; and

the person applies for review of the original determination.

withdraw the offer and notify the person in writing of that withdrawal; and

if the determination as varied or substituted approves the application for redress—give the person a new written offer of redress in accordance with section 39.

on review, the original determination is affirmed; and

the determination as affirmed approves the application for redress; and

the person has been given an offer of redress under section 39;

then the Operator must extend the acceptance period under subsection 40(2) for an additional 2 months.

a person makes an application for review under section 73; or

a person withdraws an application for review under subsection 74(1); or

a review determination is made under subsection 75(2);

then the Operator must give each participating institution, partly-participating institution, funder of last resort (other than the Commonwealth) or representative for a participating group that was notified under section 35, 35A or 46B written notice of that fact.

the assistance nominee of the applicant; or

the legal nominee of the applicant.

under a law of the Commonwealth, a State or a Territory the person has power to make decisions for the applicant in all matters that are relevant to the duties of a legal nominee; and

the person gives written consent to the appointment; and

the Operator has taken into account any wishes of the applicant regarding the making of such an appointment.

the nominee; and

the applicant.

an assistance nominee or a legal nominee appointed under section 81 requests the Operator, in writing, to revoke the appointment; or

the applicant requests the Operator, in writing, to revoke the appointment of the applicant’s assistance nominee;

then the Operator must revoke the appointment as soon as practicable.

the Operator gives a nominee a notice under section 87; and

the nominee informs the Operator that:

an event or change of circumstances has happened or is likely to happen; and

the event or change of circumstances is likely to have an effect referred to in paragraph 87(1)(b);

then the Operator may suspend or revoke the nominee’s appointment.

the Operator gives a nominee a notice under section 87; and

the nominee does not comply with a requirement of the notice;

then the Operator may suspend or revoke the nominee’s appointment.

a suspension of the nominee’s appointment; or

a revocation of the nominee’s appointment; or

a revocation of a suspension of the nominee’s appointment.

make an application for redress under section 19;

accept an offer of redress under section 42;

accept a new offer of redress under section 42 (as it applies in relation to the new offer of redress because of section 71H);

decline an offer of redress under section 45;

decline a new offer of redress under section 45 (as it applies in relation to the new offer of redress because of section 71H);

do an act for the purposes of Division 2;

do an act prescribed by the rules.

an application that may be made by the person under this Act may be made by that legal nominee on behalf of the person; and

an application so made is taken to be made by the person; and

an offer of redress that may be accepted under section 42 (including as it applies in relation to a new offer of redress because of section 71H) or declined under section 45 (including as it applies in relation to a new offer of redress because of section 71H) by the person may be accepted or declined in accordance with the relevant provision by that legal nominee on behalf of the person; and

an offer so accepted or declined is taken to have been done so by the person.

either:

an event or change of circumstances happens; or

the nominee becomes aware that an event or change of circumstances is likely to happen; and

the event or change of circumstances is likely to affect:

the ability of the nominee to act as the assistance nominee or legal nominee of the person; or

the ability of the Operator to give notices to the nominee under this Act; or

the ability of the nominee to comply with notices given to the nominee by the Operator under this Act.

must be in writing; and

must specify how, and the period within which, the nominee is to inform the Operator.

the day on which the event or change of circumstances happens; or

the day on which the nominee becomes aware that the event or change of circumstances is likely to happen.

information about a person or an institution that:

was provided to, or obtained by, an officer of the scheme for the purposes of the scheme; and

is or was held in the records of the Department; or

information about a person or an institution that:

was provided to, or obtained by, an officer of the scheme for the purposes of the scheme; and

is or was held in the records of the Human Services Department (within the meaning of this Act as in force at any time); or

information to the effect that there is no information about a person or an institution held in the records of a Department referred to in subparagraph (a)(ii) or (aa)(ii).

obtain protected information; or

make a record of protected information; or

disclose protected information to another person; or

use protected information;

if:

the obtaining, recording, disclosure or use of the information by the person is done:

for the purposes of the scheme; or

with the express or implied consent of the person or institution to which the information relates; or

the person believes on reasonable grounds that the obtaining, recording, disclosure or use of the information by the person is necessary to prevent or lessen a serious threat to an individual’s life, health or safety.

the Operator certifies that the disclosure is necessary in the public interest in a particular case or class of cases and the disclosure is to such persons and for such purposes as the Operator determines; or

the disclosure:

is to a person who is expressly or impliedly authorised by the person or institution to which the information relates to obtain it; or

(ii) is to the Chief Executive Centrelink for the purposes of a centrelink program (within the meaning of the Human Services (Centrelink) Act 1997); or

(iii) is to the Chief Executive Medicare for the purposes of a medicare program (within the meaning of the Human Services (Medicare) Act 1973); or

is to the head (however described) of a government institution, for the purposes of that institution.

is about that institution; and

was provided to, or obtained by, an officer of the scheme for the purposes of the scheme.

obtain the information; or

make a record of the information; or

disclose the information to another person; or

use the information;

if the person does so for the purpose for which the information was disclosed to the person under subsection (1) or (1A).

the Operator’s power to certify for the purposes of paragraph (1)(a);

the Operator’s power under subparagraph (1)(b)(iv) to disclose information to the head of a government institution.

either or both of the following apply:

a person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;

the Operator has reasonable grounds to believe that the institution may be connected with abuse of a person that is within the scope of the scheme; and

the institution is not a participating institution or a partly-participating institution.

that an application for redress under the scheme identifies the institution as being involved in abuse;

that the Operator has reasonable grounds to believe that the institution may be connected with abuse;

that the Operator has contacted the institution about participating in the scheme and the institution has not responded to the Operator despite having had a reasonable time to do so;

that the institution has informed the Operator that the institution intends to agree to participate in the scheme;

that the institution has informed the Operator that the institution does not intend to agree to participate in the scheme;

that the institution has informed the Operator that the institution intends to agree to being listed under section 164B (partly-participating institutions);

that the institution has informed the Operator that the institution does not intend to agree to being listed under section 164B (partly-participating institutions);

that there are not reasonable grounds for expecting that, if the institution were declared to be a participating institution under section 115, its liabilities under this Act would be discharged;

any other matter prescribed by the rules.

has applied for redress under the scheme; or

the Operator has reasonable grounds to believe may have been abused.

either or both of the following apply:

the person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;

the Operator has reasonable grounds to believe that the institution may be connected with abuse of the person that is within the scope of the scheme; and

the institution is not a participating institution or a partly-participating institution.

has applied for redress under the scheme; or

the Operator has reasonable grounds to believe may have been abused.

the enforcement of the criminal law;

the safety or wellbeing of children.

Disclosure by Operator

obtain the information; or

make a record of the information; or

disclose the information to a person; or

use the information;

but only if the government official does so for a relevant purpose in the official’s capacity as an employee or officer of the government institution.

Conditions

the person is subject to a condition under subsection (5); and

(b) the person engages in conduct (within the meaning of the Criminal Code); and

the person’s conduct breaches the condition.

(a) the protected information is about a person who applied for redress (the applicant); and

(b) the Operator believes, on reasonable grounds, that the applicant is, or may become, subject to an order (a financial management order) under which another person is appointed by a court, tribunal or board, or other entity prescribed by the rules, under a law of the Commonwealth, a State or a Territory to manage all or part of the person’s property or financial affairs or matters.

ascertaining whether the applicant is subject to a financial management order;

ascertaining whether the government institution has management of the applicant’s affairs under a financial management order;

if the government institution has management of the applicant’s affairs under a financial management order—providing the institution such information as is necessary for it to manage the applicant’s affairs under the financial management order in relation to the applicant’s redress application;

any other purpose that is:

related to dealing with applicants who are, or may become, subject to a financial management order; and

prescribed by the rules.

the Public Trustee of a State or a Territory;

a government institution that can be, or the employees of which can be, given responsibility for managing the affairs of an individual under a financial management order;

a government institution prescribed by the rules.

Disclosure, use etc. by government official

obtain the information; or

make a record of the information; or

disclose the information to a person; or

use the information;

but only if the government official does so for a relevant purpose in the official’s capacity as an employee or officer of the government institution.

the person is subject to a condition under subsection (6); and

(b) the person engages in conduct (within the meaning of the Criminal Code); and

the person’s conduct breaches the condition.

obtain the information; or

make a record of the information; or

disclose the information to a person; or

use the information;

if:

(e) the government official does so for any of the following purposes (a permitted purpose):

the enforcement of the criminal law;

the safety or wellbeing of children;

investigatory, disciplinary or employment processes related to the safety or wellbeing of children;

a purpose prescribed by the rules; and

the government official does so in the official’s capacity as an employee or officer of the government institution; and

a law of the Commonwealth (other than this Part), or of a State or a Territory, does not prohibit the government official from doing so.

Disclosure by a person to a government institution

a person is satisfied that disclosure of protected information is reasonably necessary for a permitted purpose; and

a law of the Commonwealth, a State or a Territory requires or permits the person to disclose the information to a government institution that has functions that relate to the permitted purpose;

then the person may disclose the information to the government institution for that purpose.

an officer of the scheme; or

an employee or officer of a government institution.

Officers of government institutions

obtain protected information; or

make a record of protected information; or

disclose protected information to another person; or

use protected information;

if the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection (2).

the purpose of the institution complying with a request under section 25 to provide information;

the purpose of the institution providing a direct personal response to a person under section 54;

in the case of a participating institution—the purpose of the participating institution facilitating a claim under an insurance policy;

in any case—the purpose of either of the following undertaking investigation and disciplinary procedures:

the institution;

if the institution is a member of a participating group—another member of the group.

the person:

obtains information; or

makes a record of information; or

discloses information to another person; or

uses information; and

the person is not authorised or required by or under this Act:

to obtain the information; or

to make the record of the information; or

to disclose the information; or

to use the information; and

the information is protected information.

the person did not obtain the information under, for the purposes of, or in connection with, the scheme; or

the person had already obtained the information before the person obtained the information under, for the purposes of, or in connection with, the scheme.

the person solicits the disclosure of information from an officer of the scheme or another person; and

the disclosure would be in contravention of this Division; and

the information is protected information.

the person offers to disclose (whether to a particular person or otherwise) information about another person or an institution; and

the disclosure would be in contravention of this Division; and

the information is protected information.

the person holds himself or herself out as being able to disclose (whether to a particular person or otherwise) information about another person or an institution; and

the disclosure would be in contravention of this Division; and

the information is protected information.

protected information; or

information that is contained in the assessment framework policy guidelines.