The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.A.50 Adoption Act

Definition

In order for a state to participate in the National Redress Scheme, the state must refer power to the Commonwealth for the purposes of section 51(xxxvii) of the Australian Constitution. The State's Parliament must pass either a referral Act, or an adoption Act for the NRSAct to apply to abuse which occurred in that state.

An adoption Act passed by the state must comprise 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 exclusions).

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

Policy reference: Redress Guide 8.1 Participating institutions' funding contribution to the Commonwealth, 1.1.P.30 Participating jurisdiction

Last reviewed: