3.8 Application for redress & civil proceedings

Summary

Documents prepared in relation to a person's application for redress under the Scheme may not be admitted as evidence in civil proceedings. This includes a person's application for redress, a document created solely to accompany a person's application for redress, or a document created by an institution complying with the Operator's request for information about a person's application for redress.

Under the Scheme, a person's application for redress and created supporting documents may be admissible in a civil proceeding for the purposes of giving effect to the NRSAct. This includes a situation where the disclosure of information is required for civil proceedings with juridical review of a decision made under the NRSAct.

An application and created supporting documentation may also be admissible in civil proceedings where a person is accused of providing false or misleading application, information or statements to an officer of the Scheme.

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