National Redress Scheme for Institutional Child Sexual Abuse Act 2018

The Operator may publicly disclose that a non‑government institution is not a participating institution if:

either or both of the following apply:

a person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;

the Operator has reasonable grounds to believe that the institution may be connected with abuse of a person that is within the scope of the scheme; and

the institution is not a participating institution or a partly‑participating institution.

If the Operator does so, the Operator may also publicly disclose any of the following that are applicable:

that an application for redress under the scheme identifies the institution as being involved in abuse;

that the Operator has reasonable grounds to believe that the institution may be connected with abuse;

that the Operator has contacted the institution about participating in the scheme and the institution has not responded to the Operator despite having had a reasonable time to do so;

that the institution has informed the Operator that the institution intends to agree to participate in the scheme;

that the institution has informed the Operator that the institution does not intend to agree to participate in the scheme;

that the institution has informed the Operator that the institution intends to agree to being listed under section 164B (partly‑participating institutions);

that the institution has informed the Operator that the institution does not intend to agree to being listed under section 164B (partly‑participating institutions);

that there are not reasonable grounds for expecting that, if the institution were declared to be a participating institution under section 115, its liabilities under this Act would be discharged;

any other matter prescribed by the rules.

To avoid doubt, the Operator may disclose information under this section even if the information is protected information.

In making a disclosure under this section, the Operator must not disclose the identity of a person who:

has applied for redress under the scheme; or

the Operator has reasonable grounds to believe may have been abused.