National Redress Scheme for Institutional Child Sexual Abuse Act 2018

explains the 3 components of redress (i.e. redress payment, access to the counselling and psychological component of redress for the person, and direct personal response); and

specifies the amount of the redress payment; and

if an advance payment for the person has been paid—specifies the amount of the advance payment; and

specifies whether the counselling and psychological component of redress for the person consists of:

access to the counselling and psychological services that are provided under the scheme; or

the counselling and psychological services payment; and

if the counselling and psychological component of redress for the person consists of the counselling and psychological services payment—specifies the amount of that payment; and

specifies the participating institutions determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse and therefore liable for providing redress to the person under the scheme; and

if any of those responsible institutions is a defunct institution that has a representative:

specifies the person who is the representative; and

explains that the representative is liable for providing redress to the person under the scheme; and

if the Operator determined under paragraph 29(2)(g) that any of those responsible institutions is a member of a participating group—identifies the other participating institutions, or classes of participating institutions, that are associates of the responsible institution because they are also members of that participating group at the time of the determination; and

specifies the participating institutions that were identified in the person’s application but determined by the Operator under paragraph 29(2)(h) not to be responsible for the person’s abuse and therefore not liable for providing redress to the person under the scheme; and

if one or more of those responsible institutions are a participating government institution that is determined by the Operator under paragraph 29(2)(i) to be a funder of last resort for a defunct institution:

specifies the defunct institution; and

explains that those government institutions are liable for the defunct institution’s (hypothetical) share of the costs of providing redress to the person; and

explains that a direct personal response is not available to the person in relation to the abuse for which the defunct institution is responsible; and

all of the following:

specifies the institutions determined by the Operator under paragraph 29(2)(j) to be responsible for the abuse;

specifies the participating jurisdictions that the Operator has determined under paragraph 29(2)(k) to be funders of last resort for those institutions;

explains that those funders of last resort and the Commonwealth are liable for the institutions’ (hypothetical) shares of the costs of providing redress to the person;

if any of the institutions is defunct—explains that a direct personal response is not available to the person in relation to the abuse for which that institution is responsible;

for each institution determined by the Operator to be responsible for the person’s abuse under paragraph 29(2)(j), but for which the Operator did not determine any participating jurisdiction to be a funder of last resort in relation to the abuse under paragraph 29(2)(k)—explain that the institution is not a participating institution and that there is no funder of last resort for the institution in relation to the abuse; and

specifies the institutions that were identified in the person’s application but determined by the Operator under paragraph 29(2)(m) not to be responsible for the person’s abuse; and

states the date of the offer; and

specifies the acceptance period for the offer (see section 40); and

gives information about the opportunity for the person to access legal services under the scheme for the purposes of obtaining legal advice about whether to accept the offer; and

gives information about other services available to the person under the scheme to help the person to decide whether to accept the offer; and

explains how to accept or decline the offer, should the person decide to do so; and

informs the person that the offer expires at the end of the acceptance period; and

explains the effect of section 43 (which is about the release from civil liability of the responsible institutions (if any), their officials, their associates and the officials of their associates) should the person accept the offer; and

informs the person that the person does not have to accept the offer and that, by doing nothing, the offer is taken to be declined at the end of the acceptance period; and

informs the person that the person will not be able to make another application for redress under the scheme, whether or not the offer is accepted; and

if an advance payment for the person has been paid—informs the person that, if the offer is declined, the amount of the advance payment will become a debt due to the Commonwealth; and

informs the person that the person may request an extension of the acceptance period and explains how to make that request; and

complies with any requirements prescribed by the rules.