Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn 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.
"administrator" : see subsection 48(1A).
"adoption Act" : see subsection 144(9).
"advance payment" : see subsection 56B(1).
"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 subsections 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 subsections 51(3) to (3D).
"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.
"eligible funding jurisdiction" for an institution in relation to abuse: see section 164D.
"entitled" : see subsections 12(2), (3) and (4).
"equally responsible" : for when an 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" : 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 Services Australia.
"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.
"institutions' total share" : see subsection 30(3).
"legal nominee" means a person who is appointed as a legal nominee under paragraph 81(1)(b).
"listed" : see subsections 164(1), 164A(1), 164B(1) and 164C(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 section 108 and subsection 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).
"partly-participating institution" means an institution that is listed under section 164B.
"permitted purpose" : see paragraph 97(1)(e).
"primarily responsible" : for when an 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.
"reassessment contribution" : see subsection 71Y(2).
"reassessment deficit" : see subsection 71X(3).
"reassessment surplus" : see subsection 71X(4).
"redress" : see subsection 16(1).
"redress element" : see section 151.
"redress payment" means a payment payable under section 48, 60 or 71Q.
"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 an 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 an institution is responsible for abuse of a person, see subsections 15(1), (5) and (6).
"responsible institution" : a participating 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).
"review period" for a determination under section 29: see subsections 34(4) to (10).
"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); or
(c) for an advance payment: see subsection 56D(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.