National Redress Scheme for Institutional Child Sexual Abuse Act 2018

An institution is listed for a participating jurisdiction under this section if:

the institution is a non‑government institution; and

the institution is not a participating institution; and

the institution is not a defunct institution; and

a declaration that the institution is listed for the participating jurisdiction is in force under subsection (2).

Listing under this section is relevant to paragraphs 29(2)(j) to (m), which provide for the Operator to determine that a participating jurisdiction is a funder of last resort for an institution that is responsible for abuse.

An institution listed under this section is a partly‑participating institution. A partly‑participating institution can (unlike an institution listed under section 164C):

be requested to give information to the Operator under section 25; or

be required to provide a person with a direct personal response.

The Minister may, by notifiable instrument, declare that an institution (other than a defunct institution) is listed for one or more participating jurisdictions under this section.

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

The Minister must not make a declaration under subsection (2) listing an institution for the Commonwealth or a participating Territory unless the Minister is satisfied that:

the relevant jurisdiction has agreed, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section; and

the institution has agreed to being listed under this section; and

if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act would not be discharged; and

if the institution were listed under this section, its obligations under section 54 (relating to providing direct personal responses) would be discharged.

The Minister must not make a declaration under subsection (2) listing an institution for a participating State unless the Minister is satisfied that:

the State has agreed, in a way provided for in the State’s referral Act or adoption Act, to the institution being listed for the State under this section; and

the institution has agreed to being listed under this section; and

if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act would not be discharged; and

if the institution were listed under this section, its obligations under section 54 (relating to providing direct personal responses) would be discharged.

The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection (2).

If:

a declaration is made under subsection (2) that an institution is listed for the Commonwealth or a participating Territory; and

any of the following apply:

the jurisdiction withdraws its agreement, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section;

the institution requests the Minister in writing to vary or revoke the declaration so that the institution is no longer listed for the jurisdiction under this section;

the Minister becomes satisfied that, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged;

the Minister becomes satisfied that, if the institution were to remain listed under this section, its obligations under section 54 (relating to providing direct personal responses), would not be discharged;

If:

a declaration is made under subsection (2) that an institution is listed for a participating State; and

any of the following apply:

the State withdraws its agreement, in a way provided for in the State’s referral Act or adoption Act, to the institution being listed for the State under this section;

the institution requests the Minister in writing to vary or revoke the declaration so that the institution is no longer listed for the jurisdiction under this section;

the Minister becomes satisfied that, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged;

the Minister becomes satisfied that, if the institution were to remain listed under this section, its obligations under section 54 (relating to providing direct personal responses), would not be discharged;

If a declaration under subsection (2) that an institution is listed for a participating jurisdiction is in force, the Minister must, at least every 12 months, consider whether, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act would be discharged.