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Part 2-5—Provision of redress under the scheme

Part 2-5 Provision of redress under the scheme

Division 1 Simplified outline of this Part

47   Simplified outline of this Part

If a person 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 provide the person with the counselling and psychological component of redress which, depending on where the person lives, consists of access to counselling and psychological services or a counselling and psychological services payment; and

       (c)     the responsible institutions for the 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 component 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

48   The Operator must pay the redress payment

             (1)  If:

                     (a)  a person is entitled to redress under the scheme (see section 12); 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.

49   Protection of the redress payment—general

             (1)  A redress payment is a payment of compensation under the scheme. However, for the purposes of:

                     (a)  the Social Security Act 1991 and the Veterans’ Entitlements Act 1986 ; and

                     (b)  any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

Note:          This subsection prevents a redress payment affecting other payments that may be payable to the person under legislation. For example, when determining whether a social security payment is payable, or the amount of such a payment, a redress payment is not to be taken into account.

             (2)  For the purposes of the application of any law of the Commonwealth, a State or a Territory in relation to a redress payment:

                     (a)  the payment and the entitlement to the payment are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

                     (b)  no amount may be deducted from the payment.

             (3)  Nothing in this Act prevents a liability insurance contract from treating a redress payment as being a payment of compensation or damages.

50   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 that payment the total amount withdrawn from the account during that year: the result is the saved amount .

Division 3 Counselling and psychological component of redress

51   The Operator must enable access to the counselling and psychological component of redress

             (1)  This section applies if:

                     (a)  a person is entitled to redress under the scheme (see section 12); and

                     (b)  the person stated in the acceptance document under section 42 that the person wishes to access the counselling and psychological component of redress.

             (2)  If the place where the person lives (as stated in the person’s application) is in a participating jurisdiction that is a declared provider of counselling and psychological services under the scheme, then:

                     (a)  the Operator must, as soon as practicable after the person becomes entitled to redress, refer the person to the participating jurisdiction; and

                     (b)  the participating jurisdiction must, as soon as practicable after receiving the referral, provide for the delivery of counselling and psychological services under the scheme in accordance with the National Service Standards.

             (3)  If subsection (2) does not apply, then the Operator must, as soon as practicable, pay the counselling and psychological services payment to the person.

             (4)  The rules may prescribe matters relating to the payment of counselling and psychological services payments.

52   Protection of the counselling and psychological services payment—general

             (1)  A counselling and psychological services payment is a payment of compensation under the scheme. However, for the purposes of:

                     (a)  the Social Security Act 1991 and the Veterans’ Entitlements Act 1986 ; and

                     (b)  any other legislation of the Commonwealth, a State or a Territory;

the payment is not to be treated as being a payment of compensation or damages.

Note:          This subsection prevents a counselling and psychological services payment affecting other payments that may be payable to the person under legislation. For example, when determining whether a social security payment is payable, or the amount of such a payment, a counselling and psychological services payment is not to be taken into account.

             (2)  For the purposes of the application of any law of the Commonwealth, a State or a Territory in relation to a counselling and psychological services payment:

                     (a)  the payment and the entitlement to the payment are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise; and

                     (b)  no amount may be deducted from the payment.

             (3)  Nothing in this Act prevents a liability insurance contract from treating a counselling and psychological services payment as being a payment of compensation or damages.

53   Additional protection of the counselling and psychological services payment—garnishee orders

             (1)  If:

                     (a)  a counselling and psychological services 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 counselling and psychological services 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 that payment the total amount withdrawn from the account during that year: the result is the saved amount .

Division 4 Direct personal responses

54   Direct personal response from responsible institutions

             (1)  If a participating institution is given a notice under section 44 that notifies 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.

             (2)  A direct personal response from a participating institution to a person is any one or more of the following:

                     (a)  an apology or a statement of acknowledgement or regret;

                     (b)  an acknowledgement of the impact of the abuse on the person;

                     (c)  an assurance as to the steps the institution has taken, or will take, to prevent abuse occurring again;

                     (d)  an opportunity for the person to meet with a senior official of the institution.

             (3)  When providing a direct personal response, the participating institution must take into account the direct personal response framework.

55   The direct personal response framework

             (1)  The Minister may declare, in writing, guidelines about how direct personal responses are to be provided under the scheme.

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

             (2)  The declaration is the direct personal response framework .

             (3)  When making the declaration, the Minister must have regard to the principles in section 56.

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

56   General principles guiding provision of direct personal responses

             (1)  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.

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

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

             (4)  In offering direct personal responses, participating institutions should 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 responses the institutions offer and provide.