Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 164

  (1)   A defunct institution is listed for a participating jurisdiction under this section if:

  (a)   the defunct institution:

  (i)   is a non - government institution; and

  (ii)   is not a participating institution; and

  (b)   a declaration that the defunct institution is listed for the jurisdiction is in force under subsection   (2).

Note:   Listing under this section is relevant to paragraph   29(2)(i), which provides for the Operator to determine that, if a participating government institution is equally responsible with a listed defunct institution for abuse, the government institution is a funder of last resort for the defunct institution in relation to the abuse.

  (2)   The Minister may, by notifiable instrument, declare that a defunct institution is listed for one or more participating jurisdictions under this section.

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

  (3)   The Minister must not make a declaration under subsection   (2) listing a defunct institution for the Commonwealth or a participating Territory unless the Minister is satisfied that the relevant jurisdiction has agreed, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section.

  (4)   The Minister must not make a declaration under subsection   (2) listing a defunct institution for a participating State unless the Minister is satisfied that the State has agreed, in a way provided for in the State's referral Act or adoption Act, to the institution being listed for the State under this section.

  (5)   The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection   (2).

  (6)   If:

  (a)   a declaration is made under subsection   (2) that a defunct institution is listed for the Commonwealth or a participating Territory; and

  (b)   the jurisdiction withdraws its agreement, in the way (if any) prescribed by the rules, to the defunct institution being listed for the jurisdiction under this section;

then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the defunct institution is no longer listed for the jurisdiction under this section.

  (7)   If:

  (a)   a declaration is made under subsection   (2) that a defunct institution is listed for a participating State; and

  (b)   the State withdraws its agreement, in a way provided for in the State's referral Act or adoption Act, to the defunct institution being listed for the State under this section;

then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the defunct institution is no longer listed for the State under this section.