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Part 2-1—Establishment of the scheme

Part 2-1 Establishment of the scheme

Division 1 Simplified outline of this Part

7   Simplified outline of this Part

This Part formally establishes the National Redress Scheme for Institutional Child Sexual Abuse. It provides that the Operator is responsible for operating the scheme. It also sets out general principles that the Operator and other officers of the scheme must take into account, for the benefit and protection of survivors, when taking action under the scheme.

Division 2 Establishment of the scheme

8   Establishment of the scheme

                   The National Redress Scheme for Institutional Child Sexual Abuse is established by this Act.

9   The National Redress Scheme Operator

             (1)  The Secretary of the Department is the National Redress Scheme Operator.

             (2)  The Operator is responsible for operating the scheme.

             (3)  The Operator may arrange for support and assistance (including legal assistance) to be provided to a person (including a person who is an applicant, or prospective applicant, for redress) in relation to the doing of things under, or for the purposes of, the scheme.

Note:          For example, the Operator might arrange for support and assistance to be provided to help prepare a person’s application for redress.

             (4)  The Operator may, on behalf of the Commonwealth:

                     (a)  enter into a contract, agreement, deed or understanding relating to the provision of support or assistance provided under the scheme; and

                     (b)  vary and administer that contract, agreement, deed or understanding.

10   General principles guiding actions of officers under the scheme

             (1)  This section sets out the principles that must be taken into account by the Operator and other officers of the scheme when taking action under, or for the purposes of, the scheme.

             (2)  Redress under the scheme should be survivor-focussed.

             (3)  Redress should be assessed, offered and provided with appropriate regard to:

                     (a)  what is known about the nature and impact of child sexual abuse, and institutional child sexual abuse in particular; and

                     (b)  the cultural needs of survivors; and

                     (c)  the needs of particularly vulnerable survivors.

             (4)  Redress should be assessed, offered and provided so as to avoid, as far as possible, further harming or traumatising the survivor.

             (5)  Redress should be assessed, offered and provided in a way that protects the integrity of the scheme.