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COMMONWEALTHAct
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s 13

When is a person eligible for 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

13 When is a person eligible for redress?

(1)

A person is eligible for redress under the scheme if:

(a)

the person was sexually abused; and

(b)

the sexual abuse is within the scope of the scheme (see section 14); and

(c)

the sexual abuse is of a kind for which the maximum amount of redress payment that could be payable to the person (as worked out under the assessment framework) would be more than nil; and

(d)

one or more of the following are responsible for the abuse (see section 15):

(i)

a participating institution;

(ii)

an institution that is listed for a participating jurisdiction under section 164A, 164B or 164C (if a participating jurisdiction is an eligible funding jurisdiction for the institution in relation to the abuse); and

(e)

the person is an Australian citizen or a permanent resident (within the meaning of the Australian Citizenship Act 2007) at the time the person applies for redress.

Note 1:

To be eligible for redress, a person must have been sexually abused. However, redress is for the sexual abuse, and related non‑sexual abuse, of the person that is within the scope of the scheme.

Note 2:

For which institutions are participating institutions, see section 108.

(2)

A person is also eligible for redress under the scheme if this Act or the rules prescribe that the person is eligible for it.

(3)

Despite subsections (1) and (2), a person is not eligible for redress under the scheme if this Act or the rules prescribe that the person is not eligible for it.

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