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s 49

Protection of the redress payment—general

In force
Chapter 2The National Redress Scheme for Institutional Child Sexual Abuse
Part 2‑5Provision of redress under the scheme
Division 2The redress payment

49 Protection of the redress payment—general

(1)

A redress payment is a payment of compensation under the scheme. However, for the purposes of:

(a)

the Social Security Act 1991 and the Veterans’ Entitlements Act 1986; and

(b)

any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

Note:

This subsection prevents a redress payment affecting other payments that may be payable to the person under legislation. For example, when determining whether a social security payment is payable, or the amount of such a payment, a redress payment is not to be taken into account.

(2)

For the purposes of the application of any law of the Commonwealth, a State or a Territory in relation to a redress payment:

(a)

the payment and the entitlement to the payment are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

(b)

no amount may be deducted from the payment.

(2A)

Subsections (1) and (2) have effect subject to section 48.

(3)

Nothing in this Act prevents a liability insurance contract from treating a redress payment as being a payment of compensation or damages.

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Section 49 — Protection of the redress payment—general — National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) — Barrister AI