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COMMONWEALTHAct
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s 43

Effect of acceptance on civil liability

In force
Chapter 2The National Redress Scheme for Institutional Child Sexual Abuse
Part 2‑4Offers and acceptance of redress
Division 3Accepting or declining offers of redress

43 Effect of acceptance on civil liability

If a person accepts an offer of redress in accordance with section 42, then, at the time the person gives the acceptance and by force of this section:

(a)

the person releases and forever discharges every released institution or official from civil liability for abuse of the person that is within the scope of the scheme; and

(b)

the person cannot (whether as an individual, a representative party or a member of a group) bring or continue civil proceedings against a released institution or official in relation to that abuse; and

(c)

the release and discharge of civil liability of a released institution or official for that abuse does not:

(i)

release or discharge another institution or person from civil liability for that abuse; and

(ii)

prevent the person (whether as an individual, a representative party or a member of a group) from bringing or continuing civil proceedings against another institution or person in relation to that abuse; and

(d)

if a released institution or official would, apart from this section, be liable to make a contribution to another institution or person in relation to damages payable to the person in civil proceedings brought or continued by the person (whether as an individual, a representative party or a member of a group) against the other institution or person in relation to that abuse, then:

(i)

the released institution or official is released and forever discharged from liability to make that contribution; and

(ii)

the amount of damages payable to the person in those proceedings is reduced by the amount of that contribution.

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Section 43 — Effect of acceptance on civil liability — National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) — Barrister AI