National Redress Scheme for Institutional Child Sexual Abuse Act 2018

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

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

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

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).

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

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

for a Territory institution—the participating Territory has agreed to the institution participating in the scheme; and

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

for a non‑government institution that is a defunct institution—a person has agreed:

to the defunct institution participating in the scheme; and

to be the representative for the defunct institution; and

for a non‑government institution that is an unincorporated lone institution:

the institution has agreed to participate in the scheme; and

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

the person has agreed to being the representative for the institution; and

in all cases—any requirements prescribed by the rules are satisfied.

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

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

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

the second anniversary of the scheme start day; or

a later day prescribed by the rules;

If:

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

the institution is a body corporate;