2.4 Applying for redress with serious criminal convictions

Summary

A person convicted of a serious criminal offence in Australia or a foreign country and sentenced to imprisonment for 5 years or longer cannot be entitled to redress unless the Operator makes a special assessment determination. Under these circumstances, the Operator will undertake a special assessment process to establish if a person convicted of a serious criminal offence may be entitled to redress.

Special assessment process

The Operator will conduct a special assessment to determine whether providing redress to a person with a serious criminal conviction would bring the Scheme into disrepute or adversely affect public confidence in the Scheme. In order to undertake the special assessment, the Operator will seek additional information from the person and seek advice from the Attorneys-General of the jurisdiction where the abuse occurred and where the person was convicted. The Operator will provide a written notice to each Attorney-General requesting advice to support the determination of a person's entitlement to redress. The notice will:

  • request the Attorney-General to provide advice about whether the Operator should make a determination,
  • provide sufficient information to allow the relevant Attorneys-General to provide advice, and
  • request information is provided within a timeframe that cannot be fewer than 28 days.

Making a determination on entitlement

Once the Operator receives the advice from the jurisdiction/s where the person was convicted and where the person experienced abuse, the Operator will make a determination that takes into account:

  • any advice given by the Attorneys-General
  • the nature of the offence the person was convicted of
  • the length of the sentence of imprisonment
  • how long it has been since the person committed the offence
  • any rehabilitation of the person, and
  • any other matters considered relevant in making the determination.

In making the determination that a person is not prevented from being entitled to redress under the Scheme the Operator will place greater importance on the advice provided by the jurisdiction where the person experienced the abuse described in their application.

Sentenced after applying for redress

If after applying for redress a person is sentenced to imprisonment for 5 years or longer in Australia or another country the person must notify the Scheme of this.

Act reference: NRSAct section 181 Persons or institutions giving notices to the Operator

Last reviewed: 1 July 2019