Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 115

  (1)   An institution becomes a participating institution if the Minister makes a declaration under subsection   (2) in relation to the institution.

  (2)   The Minister may, by notifiable instrument, declare that an institution is a participating institution.

Note 1:   An institution may be identified by name, by inclusion in a particular class, or in any other way.

Note 2:   The Minister need not make a declaration under this subsection for a Commonwealth institution because all Commonwealth institutions are participating institutions automatically (see section   108).

  (3)   The Minister must not make a declaration under subsection   (2) unless the Minister is satisfied that:

  (a)   for a State institution--the participating State has agreed, in a way provided for in the State's referral Act or adoption Act, to the institution participating in the scheme; and

  (b)   for a Territory institution--the participating Territory has agreed to the institution participating in the scheme; and

  (c)   for a non - government institution (other than a defunct institution or an unincorporated lone institution)--the institution has agreed to participate in the scheme; and

  (d)   for a non - government institution that is a defunct institution--a person has agreed:

  (i)   to the defunct institution participating in the scheme; and

  (ii)   to be the representative for the defunct institution; and

  (e)   for a non - government institution that is an unincorporated lone institution:

  (i)   the institution has agreed to participate in the scheme; and

  (ii)   the institution has agreed to a person being the representative for the institution; and

  (iii)   the person has agreed to being the representative for the institution; and

  (f)   in all cases--any requirements prescribed by the rules are satisfied.

Note 1:   For how the agreement of a participating Territory, an institution or a person is given, see section   186.

Note 2:   For representatives for defunct institutions and lone institutions, see Divisions   4 and 5.

  (4)   The Minister must not make a declaration under subsection   (2) in relation to an institution after:

  (a)   the second anniversary of the scheme start day; or

  (b)   a later day prescribed by the rules;

unless the institution is a defunct institution.

  (5)   If:

  (a)   a State or Territory has agreed to a State institution or Territory institution participating in the scheme; and

  (b)   the institution is a body corporate;

then the institution is taken to have also agreed to participate in the scheme.