3.4 Requesting information

Summary

The Scheme can request additional information from both a person applying for redress and a participating institution to support the Operator to make a decision on an application.

Requesting information from a person applying for redress

Where the Operator believes that a person who has applied for redress has information that could support the Operator to make a decision on their application, the Operator can request information from the person. The Operator will advise the person of what information is required, how the information should be provided to the Operator and the period within which the person has to respond. Generally, where a request for information is urgent the person will have 4 weeks to respond and in other circumstances a person will have up to 8 weeks to provide the information to the Operator. This period can be extended at the request of the person or by the Operator.

Requesting information from a participating institution

The Operator must seek information from a participating institution if:

  • the Operator has reasonable grounds to believe a participating institution has information that may be relevant to determining an application (even if the institution may not be responsible for the abuse), or
  • the application identifies a particular participating institution; or the Operator has reasonable grounds to believe that a participating institution may be responsible for the abuse of the applicant.

The request for information will be in writing and will advise the participating institution of what information is required, how the information should be provided to the Operator and the period the institution has to respond. Generally, where a request for information is urgent, the participating institution will have 4 weeks to respond, and in other circumstances, they will have up to 8 weeks to provide the information to the Operator. This period can be extended at the request of the participating institution or by the Operator.

What happens if a person or a participating institution fails to provide the additional information?

Where a person fails to provide the requested information within the specified timeframe, the Operator is not required to make a decision on the person's application for redress until the person provides the information to the Operator. If a participating institution fails to provide the requested information to the Operator within the allotted timeframe, the Operator can make a decision on a person's application based on the available information that they have obtained or been provided.

Act reference: NRSAct Part 2-3 Division 3 Obtaining information for the purposes of determining the application

Policy reference: Redress Guide 2.1 Redress application

Last reviewed: 1 July 2019