Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 95A

  (1)   The Operator may publicly disclose that a non - government institution is not a participating institution if:

  (a)   either or both of the following apply:

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

  (ii)   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

  (b)   the institution is not a participating institution or a partly - participating institution.

  (2)   If the Operator does so, the Operator may also publicly disclose any of the following that are applicable:

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

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

  (c)   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;

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

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

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

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

  (h)   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;

  (i)   any other matter prescribed by the rules.

  (3)   To avoid doubt, the Operator may disclose information under this section even if the information is protected information.

  (4)   In making a disclosure under this section, the Operator must not disclose the identity of a person who:

  (a)   has applied for redress under the scheme; or

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