National Redress Scheme for Institutional Child Sexual Abuse Act 2018

This Act can only give an entitlement to redress if the Commonwealth has legislative power to provide that redress. This Part sets out the constitutional basis for providing redress and also deals with other aspects of the application of this Act.

The main constitutional basis for redress is based on the place where the abuse occurred, which broadly is as follows:

• If the abuse occurred inside a State that has given a reference to the Commonwealth or made an adoption for the purposes of paragraph 51(xxxvii) of the Constitution (i.e. a participating State), then the reference or adoption by the State provides the constitutional basis for the redress.

• If the abuse occurred inside a Territory (such as the Australian Capital Territory, the Northern Territory or an external Territory), then section 122 of the Constitution provides the constitutional basis for the redress.

• If the abuse occurred outside Australia, then paragraph 51(xxix) of the Constitution provides the constitutional basis for the redress.