3.7 Effect of a determination on an application

Summary

Any determination made under the Scheme regarding an application for redress is a determination that only applies to the Scheme itself. This means that it does not represent, in any way, a finding of law or fact that may otherwise be admissible in a criminal or civil proceeding.

In practice, this means that when the Operator determines an institution is or is not responsible for the abuse of a person, or is or is not liable to pay redress to a person, that determination is only meaningful within the operation of the Scheme. A determination made under this Scheme cannot be used as evidence in a civil or criminal proceeding, as such court cases are subject to higher standard of proof than is required under the Scheme.

The only effect a determination made under the Scheme has with respect to civil liability is upon the institution or institutions determined to be responsible for the abuse of the person. If the responsible institution is a participating institution, they are liable to provide redress and make payments in relation to that redress. Outside of the Scheme, the determination has no effect upon an institution's civil liability.

Act reference: NRSAct Part 2.3 Division 6 Effect of determination and admissibility of evidence in civil proceedings

Policy reference: Redress Guide 3.1 Application for redress

Last reviewed: 13 August 2018