3.3 When is an institution responsible for a person's abuse?
In order for a person to be found eligible for redress, the Operator must find an institution/s participating in the Scheme responsible for the person's abuse. In determining whether an institution is responsible for a person's abuse the Operator considers:
- whether the institution was responsible for the day to day care of the person when they were abused
- whether the person was the legal guardian of the person
- whether the institution was responsible for placing the person into the institution in which they experienced the abuse
- whether the abuser was an official of the institution when the abuse occurred, and
- whether the abuse occurred on the premises of the institution, where activities of the institution occurred, or in connection of activities of the institution.
Act reference: NRSAct section 15 When is an institution responsible for abuse?