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s 12

When is a person entitled to be provided with redress?

In force
Chapter 2The National Redress Scheme for Institutional Child Sexual Abuse
Part 2‑2Entitlement to redress under the scheme
Division 2Entitlement to redress under the scheme

12 When is a person entitled to be provided with redress?

(1)

A person can only be provided with redress under the scheme if the person is entitled to it.

(2)

A person is entitled to redress under the scheme if:

(a)

the person applies for redress under section 19; and

(b)

the Operator considers that there is a reasonable likelihood that the person is eligible for redress under the scheme (see section 13 for eligibility); and

(c)

the Operator approves the application under section 29; and

(d)

the Operator makes an offer of redress to the person under section 39; and

(e)

the person accepts the offer in accordance with section 42.

(3)

A person is also entitled to redress, or a component of redress, under the scheme if this Act or the rules prescribe that the person is entitled to it.

Note:

For cases where this Act prescribes that a person is entitled to redress, or a component of redress, under the scheme, see Part 3‑1.

(4)

Despite subsections (2) and (3), a person is not entitled to redress, or a component of redress, under the scheme if this Act or the rules prescribe that the person is not entitled to it.

Note:

For cases where this Act prescribes that a person is not entitled to redress, or a component of redress, under the scheme, see Part 3‑2.

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Section 12 — When is a person entitled to be provided with redress? — National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) — Barrister AI