Queensland Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE (COMMONWEALTH POWERS) ACT 2018 - SECT 5

5 State redress mechanism

(1) A
"State redress mechanism" is—

(a) a scheme, program or arrangement, whether temporary or otherwise, established before or after the commencement of this Act by either of the following for or in respect of persons who have suffered institutional child sexual abuse in the State, whether applying only to those persons or applying to any class of victims of crime, and any associated matters—

(i) the Parliament or government of the State;

(ii) an institution, whether governmental or non-governmental, or other entity; or

(b) the jurisdiction of a court or tribunal to grant compensation or support for or in respect of victims of crime, including crime relating to institutional child sexual abuse, and any associated matters.

(2) The amendment reference does not include the matter of making a law to the extent that the law would operate to prevent or limit the power to establish, or to prevent or limit the operation of, any State redress mechanism, whether or not the mechanism deals with the same or similar subject matters as those dealt with in any aspect of the National redress scheme.

(3) Subsection (2) does not include any of the following matters if they would otherwise be included by section 3 (2) —

(a) any matter to which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , as originally enacted, relates;

(b) in connection with the operation of the National redress scheme—

(i) the matter of the release or discharge of relevant civil liability of institutions or officials; or

(ii) the matter of the disclosure or use of evidence or other information provided or obtained; or

(iii) the matter of the making, enforcement or protection of payments, including, for example, protection against the operation of orders in the nature of garnishee orders.