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Part 2-6—Provision of redress under the scheme

Part 2-6 Provision of redress under the scheme

Division 1 Simplified outline of this Part

43   Simplified outline of this Part

If a person has accepts an offer of redress under the scheme, then:

       (a)     the Operator must pay the redress payment to the person; and

      (b)     the Operator must enable the person to access counselling and psychological services under the scheme; and

       (c)     the participating institutions determined by the Operator to be responsible for the person’s abuse must take reasonable steps to provide the person with a direct personal response.

However, this does not apply if the person stated in the acceptance document that he or she does not wish to receive a particular element of redress (e.g. the person stated that he or she does not wish to receive a direct personal response from a particular participating institution).

Division 2 The redress payment

44   Operator must pay the redress payment

             (1)  If:

                     (a)  a person accepts an offer of redress in accordance with section 39; and

                     (b)  the person stated in the acceptance document that the person wishes to be paid the redress payment;

then the Operator must pay the redress payment to the person as soon as practicable.

             (2)  The rules may prescribe matters relating to the payment of redress payments.

45   Protection of the redress payment—general

             (1)  Despite any law of the Commonwealth, a State or a self-governing Territory:

                     (a)  a redress payment is not to be treated as being a payment of compensation or damages; and

                     (b)  a redress payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

                     (c)  an amount must not be deducted from a redress payment.

             (2)  Paragraph (1)(b) is subject to Part 4-5 (which is about debt recovery).

46   Additional protection of the redress payment—garnishee orders

             (1)  If:

                     (a)  a redress payment is being paid, or has been paid, to the credit of an account; and

                     (b)  a court order in the nature of a garnishee order comes into force in relation to the account;

the court order does not apply to the saved amount (if any) in the account.

             (2)  The saved amount is worked out as follows:

Method statement

Step 1.   Work out the amount of the redress payment that has been paid to the credit of the account in the year immediately before the court order came into force.

Step 2.   Subtract from the amount of the redress payment the total amount withdrawn from the account during that year: the result is the saved amount .

Division 3 Counselling and psychological services

47   Operator must enable access to counselling and psychological services

                   If:

                     (a)  a person accepts an offer of redress in accordance with section 39; and

                     (b)  the person stated in the acceptance document that the person wishes to access counselling and psychological services under the scheme;

then the Operator must enable the person to access those services as soon as practicable.

48   Access to counselling and psychological services under the scheme

             (1)  The rules may prescribe matters about counselling and psychological services under the scheme.

             (2)  When making rules for the purposes of this section, the Minister must have regard to the principles in section 49.

49   General principles guiding counselling and psychological services

             (1)  Survivors should be empowered to make decisions about their own need for counselling or psychological services.

             (2)  Survivors should be supported to maintain existing therapeutic relationships to ensure continuity of care.

             (3)  Counselling and psychological services provided through redress should supplement, and not compete with, existing services.

Division 4 Direct personal responses

50   Direct personal response from liable participating institutions

             (1)  If a participating institution is given a notice under section 41 that advises the institution that a person wishes to be given a direct personal response from the institution, then the institution must take reasonable steps to provide the person with a direct personal response in accordance with the rules.

Note:          If a participating institution does not comply with the request, the Operator must include details about the non-compliance in the annual report for the scheme, which the Minister will present to the Parliament (see section 122).

             (2)  Subsection (1) does not apply in relation to a participating institution that was not in existence when it became a participating institution.

Note:          A non-government institution of a Territory that is not in existence can become a participating institution if certain conditions are met. One of those conditions is that the Commonwealth or a self-governing Territory has agreed to be the funder of last resort for the institution (see sections 66 and 67).

51   Direct personal responses under the scheme

             (1)  The rules may prescribe matters about the giving of direct personal responses by participating institutions under the scheme.

             (2)  Without limiting subsection (1), the rules may prescribe:

                     (a)  the form and manner in which responses are to be given by participating institutions; and

                     (b)  timeframes in which responses are to be given.

             (3)  When making rules for the purposes of this Division, the Minister must have regard to the principles in section 52.

52   General principles guiding provision of direct personal responses

             (1)  Engagement between a survivor and a participating institution should only occur if, and to the extent, that a survivor desires it.

             (2)  Participating institutions should make clear what they are willing to offer and provide by way of direct personal response to survivors. Institutions should ensure that they are able to provide the direct personal response that they offer to survivors.

             (3)  All participating institutions should offer and provide on request by a survivor:

                     (a)  meaningful recognition of the institution’s responsibility by way of a statement of apology, acknowledgement or regret; and

                     (b)  an assurance as to steps taken to protect against further abuse.

             (4)  In offering direct personal responses, participating institutions should try to be responsive to survivors’ needs.

             (5)  Participating institutions that already offer a broader range of direct personal responses to survivors and others should consider continuing to offer those forms of direct personal response.

             (6)  Direct personal responses should be delivered by people who have received training about the nature and impact of child sexual abuse and the needs of survivors, including cultural awareness and sensitivity training where relevant.

             (7)  Participating institutions should welcome feedback from survivors about the direct personal response they offer and provide.