2.2 When is a person entitled to redress?
For the purposes of the Scheme, to receive redress a person must be entitled to it. A number of conditions must be met for a person to be entitled to redress. These are:
- the person applies for redress
- the Operator considers there is a reasonable likelihood that the person is eligible for redress under the Scheme
- the application for redress is approved
- an offer of redress is made to the person
- the person accepts the offer of redress within the acceptance period.
A person is not entitled to redress under the Scheme while a security notice is in force in relation to the person (see 2.5.1).
A person may not be entitled to redress if they have a serious criminal conviction with a sentence of 5 years imprisonment or more. If this circumstance occurs, the Operator will request additional information from the person to undertake an assessment of the person's circumstances. The Operator must also seek advice from each relevant participating jurisdictions' Attorney-General before making a determination that the person is not prevented from being entitled to redress (see 2.5.2).
National Police Checks may be undertaken in relation to applications for redress.
A person who declines an offer for redress is not entitled to redress under the Scheme. A person may later choose to take civil action, however the person's application for redress and information gathered during the application process are not admissible in evidence in civil proceedings (see 6.5).
Act reference: NRSAct Part 2.3 Division 1 Simplified outline of this Part, Part 2.3 Division 2 Application for redress under the scheme