Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Part 1-2—Definitions

Part 1-2 Definitions

Division 1 Simplified outline of this Part

8   Simplified outline of this Part

Many terms used in this Act are defined to have a particular meaning for this Act. For this reason, this Act has a Dictionary (in section 9).

The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to the provision that has that definition.

Division 2 The Dictionary

9   The Dictionary

                   In this Act:

abuse means sexual abuse or non-sexual abuse.

abuser : a person is the abuser of another person if the person abuses the other person.

acceptance period : see section 38.

assessment matrix : see subsection 34(2).

child means a person under 18.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

Commonwealth institution : see section 23.

Commonwealth Redress Scheme Agreement means the Intergovernmental Agreement on the Commonwealth Redress Scheme for Institutional Child Sexual Abuse, as in force from time to time.

Commonwealth Redress Scheme Operator : see the definition of Operator .

correspondence nominee means a person who is appointed as a correspondence nominee under subsection 94(1).

eligible : see section 16.

entitled : see subsection 15(2).

financial institution means a corporation that is an ADI for the purposes of the Banking Act 1959 .

funder of last resort :

                     (a)  for when the Commonwealth is the funder of last resort for a non-government institution of a Territory—see section 66; and

                     (b)  for when a self-governing Territory is the funder of last resort for a non-government institution of a Territory—see section 67.

funding contribution : see section 56.

Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997 .

independent decision-maker : see subsection 121(3).

institution means:

                     (a)  any body, entity, group of persons or organisation; or

                     (b)  any combination of bodies, entities, groups of persons or organisations;

whether or not incorporated, but does not include an individual or a family.

nominee means a correspondence nominee or a payment nominee.

non-government institution of a Territory : see subsection 26(2).

non-sexual abuse includes physical abuse, psychological abuse and neglect.

officer of the scheme means a person performing duties, or exercising powers or functions, under or in relation to this Act.

official of an institution means a person who is or has been an officer, employee, member, volunteer or agent of the institution.

Operator (short for Commonwealth Redress Scheme Operator) means the Secretary of the Department in his or her capacity as Operator of the scheme (as referred to in section 12).

original determination : see subsection 87(1).

participating institution : see section 22.

participating non-government institution of a Territory : see subsection 26(1).

participating Territory institution : see section 24.

payment nominee means a person who is appointed as a payment nominee under subsection 94(2).

protected information : see subsection 75(2).

quarter : see subsection 55(3).

redress : see subsection 18(1).

redress component : see section 57.

redress payment means a payment payable under section 44 or 115.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014 .

related : non-sexual abuse of a person is related to sexual abuse of the person if a participating institution is responsible for both the sexual abuse and the non-sexual abuse of the person.

responsible : for when a participating institution is responsible for abuse of a person, see section 21.

rules means the rules made by the Minister under section 117.

scheme means the Commonwealth Redress Scheme for Institutional Child Sexual Abuse established under section 11.

scheme administration component : see subsection 58(1).

scheme start day means 1 July 2018.

self-governing Territory means the Australian Capital Territory or the Northern Territory.

sexual abuse of a person who is a child includes any act which exposes the person to, or involves the person in, sexual processes beyond the person’s understanding or contrary to accepted community standards (e.g. exposing a child to pornography).

sunset day : see subsection 129(1).

survivor means a person who has suffered sexual abuse that is within the scope of the scheme.

Territory institution : see section 25.

this Act includes:

                     (a)  the rules; and

                     (b)  any other instrument made under this Act.

within the scope : for when abuse is within the scope of the scheme, see section 17.