1.1.A.50 Adoption Act

Definition

In order for a state to participate in the National Redress Scheme, they must refer sufficient powers to the Commonwealth for the purposes of meeting the requirements of section 51(xxxvii) of the Australian Constitution. The Parliament of the state must pass either an adoption Act or a referral Act meeting the requirements of the NRSAct for abuse occurring in their jurisdiction to be within the scope of the Scheme, and for the government's institutions to participate in the Scheme.

Following the commencement of the NRSAct, a state can participate by passing an adoption Act. This comprises the following:

  • adopting the relevant version of the NRSAct, and
  • referring to the Commonwealth Parliament the power to make amendments to the NRSAct in relation to the Scheme (subject to any exemptions), and for these amendments to be enforced through the adoption Act.

Act reference: NRSAct section 144 What is a participating State?

Policy reference: Redress Guide 8.1 Participating institutions funding contribution to the Commonwealth

Last reviewed: 13 August 2018