National Redress Scheme for Institutional Child Sexual Abuse Act 2018

This Part deals with a number of special cases to provide exemptions to the general rules of entitlement to redress in Chapter 2 (particularly section 12). Under this Part, a person who would not be entitled to redress under the general rules may nevertheless be entitled to redress because of the application of the exemptions in this Part.

If a person makes an application for redress, but dies before accepting an offer of redress, the person (or the person’s estate) will not be entitled to redress. Division 2 deals with that case and allows for a redress payment to be paid to other persons in certain circumstances.

If abuse of a person occurred inside a non‑participating State, the person would not be eligible (and therefore not entitled) to redress because the abuse is not within the scope of the scheme (see sections 13 and 14). However, if a Commonwealth institution or a participating Territory institution is primarily responsible for the abuse, the person may be entitled to redress. Division 3 deals with that case.