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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 11

Simplified 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 (or, in certain circumstances, one or more institutions that are listed for a participating jurisdiction under section   164A, 164B or 164C) are responsible for the abuse, and, at the time of the application, the person is an Australian citizen or a permanent resident.

If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, the Operator must approve the application and make an offer of redress to the person. The person may accept or decline the offer. (Offers and acceptance of redress are dealt with in Part   2 - 4.)

If the person accepts the offer, then the person becomes entitled to redress under the scheme. The person is required to release particular institutions and officials from all civil liability for the abuse. Those institutions are the participating institutions determined by the Operator to be responsible for the abuse, their officials, their associates and the officials of their associates. The abuser is not released from liability.

Once entitled, the person will be provided with redress under the scheme. (Provision of redress is dealt with in Part   2 - 5.)

If the person declines the offer, then the person is not entitled to redress under the scheme. The person is not required to release any institution or official from civil liability for the abuse.



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