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Part 2-4—How to obtain redress under the scheme

Part 2-4 How to obtain redress under the scheme

Division 1 Simplified outline of this Part

28   Simplified outline of this Part

To be entitled to redress under the scheme, a person must make an application for it. To be valid, the application must comply with the requirements set out in section 29 (e.g. it must include any information required by the Operator).

Once the application is made, the Operator can request the person, and can require participating institutions and others, to provide further information to the Operator for the purposes of determining the application (see sections 69 and 70).

A person can only make one application for redress under the scheme. Whether the application is successful or unsuccessful, the person will not be able to make another application for redress under the scheme (unless the person withdraws the application before the Operator makes a determination about whether or not to approve it).

The Operator must make a determination to approve, or not approve, the application as soon as practicable. If the Operator considers there is a reasonable likelihood that the person is eligible for redress, then the Operator must approve the application and make a number of other important determinations under subsection 32(2). For example, the Operator must make a determination about which participating institutions are responsible for the abuse of the person and therefore liable for providing redress to the person. The Operator must also make a determination about the amount of the redress payment that is payable to the person.

The Operator must give the person written notice of the Operator’s determination on the application. The notice must state whether or not the application has been approved, the reasons for the determination and that the person may apply for internal review of the determination.

If the Operator has approved the application, the Operator must also give the person an offer of redress with the notice. (Offers and acceptance of redress are dealt with in Part 2-5.)

Division 2 Application for redress under the scheme

29   Application for redress

             (1)  To obtain redress under the scheme, a person must make an application to the Operator.

             (2)  The application must:

                     (a)  be in the form (if any) approved by the Operator; and

                     (b)  include any information, and be accompanied by any documents, required by the Operator; and

                     (c)  verify the information included in the application by statutory declaration.

Note:          The Operator is not required to make a determination on the application if subsection (2) is not complied with (see subsection 127(1)).

             (3)  The application must be made 12 months before the sunset day.

             (4)  Subsection (3) does not apply if the Operator determines, in writing, that there are exceptional circumstances justifying the application being made later.

30   Only one application may be made

                   A person may only make one application for redress under the scheme.

31   Withdrawal of application

             (1)  A person may withdraw an application for redress at any time before the Operator makes a determination on the application under section 32.

             (2)  If the person withdraws the application, then for the purposes of this Act it is to be treated as not having been made.

Division 3 Operator to determine whether to approve the application

32   Operator must make a determination on the application

             (1)  If a person makes an application for redress under section 29, the Operator must make a determination to approve, or not approve, the application as soon as practicable.

Note:          If the Operator requests or requires further information for the purpose of making the determination (see sections 69 and 70), the Operator is not required to make the determination until the information is provided (see subsection 127(2)).

             (2)  If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, then the Operator must:

                     (a)  approve the application; and

                     (b)  determine which participating institutions are responsible for the abuse (see section 21) and therefore liable for providing redress to the person under the scheme; and

                     (c)  determine, in accordance with section 33:

                              (i)  the amount of the redress payment for the person; and

                             (ii)  the amount of each liable institution’s share of the cost of the redress payment; and

                     (d)  determine, in accordance with any requirements prescribed by the rules, the proportion of each liable institution’s share of the cost of providing the person with access to counselling and psychological services under the scheme; and

                     (e)  for a participating institution that was identified in the application and is not covered by a determination under paragraph (b)—determine that the participating institution is not responsible for the abuse and therefore not liable for providing redress to the person under the scheme.

             (3)  Otherwise, the Operator must make a determination not to approve the application.

33   Working out the amount of redress payment and sharing of costs

             (1)  This section sets out how the Operator must make a determination under paragraph 32(2)(c) about:

                     (a)  the amount of the redress payment for a person; and

                     (b)  the amount of each liable institution’s share of the cost of the redress payment.

Note:          This section only applies if the Operator approves the person’s application for redress.

             (2)  The Operator must first work out, for each liable institution, the amount that is the institution’s share of the cost of the redress payment by using the following method statement:

Method statement

Step 1.   Apply the assessment matrix to work out the maximum amount of redress payment that could be payable to the person. The maximum amount must not be more than $150,000.

Step 2.   Work out, in accordance with any requirements prescribed by the rules, the amount that is the institution’s share of the maximum amount. This amount is the gross liability amount for the institution.

Step 3.   Work out the amount of any payment (a relevant payment ) that was paid by the institution to the person in relation to the sexual abuse, or related non-sexual abuse, of the person that is within the scope of the scheme (but do not include any payment that is prescribed by the rules as not being a relevant payment). This amount is the original amount of the relevant payment.

Step 4.   Multiply the original amount by the following:

             

              where n is the number of whole years since the relevant payment was paid to the person.

              The resulting amount is the adjusted amount of the relevant payment of the institution.

Note:          The adjustment under this step is broadly to account for inflation.

Step 5.   Add together the adjusted amount of each relevant payment of the institution. This amount is the reduction amount for the institution.

Step 6.   The amount of the institution’s share of the cost of the redress payment is the gross liability amount for the institution (in step 2) less the reduction amount for the institution (in step 5). The amount may be nil but not less than nil.

             (3)  The Operator must then work out the amount of redress payment for the person by adding together the amounts of each liable institution’s share of the cost of the redress payment. The amount may be nil.

Note:          The amount may be nil because the total amount of relevant payments that were paid to the person by the liable institutions exceeds the maximum amount of the redress payment that could be payable to the person (see the method statement in subsection (2)). However, even though the person may not be paid any redress payment in that case, the person will still be entitled to the other elements of redress under the scheme (i.e. access to counselling or psychological services and a direct personal response).

34  The assessment matrix

             (1)  The Minister may declare, in writing, a method, or matters to take into account, for the purposes of working out the amount of redress payment for a person.

Note:          For variation or revocation of the declaration, see subsection 33(3) of the Acts Interpretation Act 1901 .

             (2)  The declaration is the assessment matrix .

             (3)  The declaration is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to it.

Division 4 Notice of determination to applicant

35   Notice of determination to applicant

             (1)  If the Operator makes a determination under section 32 on an application for redress for a person, the Operator must give the person written notice of the determination stating:

                     (a)  whether or not the application has been approved; and

                     (b)  the reasons for the determination; and

                     (c)  that the person may apply under section 87 for internal review of the determination.

             (2)  If the application has been approved, the notice must also include the offer of redress to the person under section 37.

             (3)  The notice must also:

                     (a)  specify the day by which the person may apply for internal review of the determination (which must be at least 28 days, but no longer than 90 days, after the date of the notice); and

                     (b)  comply with any matters prescribed by the rules.