National Redress Scheme for Institutional Child Sexual Abuse Act 2018

An advance payment is a payment of compensation under the scheme. However, for the purposes of:

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

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

This subsection prevents an advance 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, an advance payment is not to be taken into account.

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

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

no amount may be deducted from the payment.

Subsections (1) and (2) have effect subject to subsection 56B(3).

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