5.1.2 Redress payment - court awarded compensation or damages
When a court has already ordered a participating institution (known as the defendant institution for the purposes of the Scheme) to pay compensation or damages to the person, the order is not set aside, and the person accepts the compensation or damages, that person will not be eligible to claim redress from the defendant institution. If there were multiple institutions equally responsible for the abuse (including the defendant institution) who did not contribute the court awarded damage, it may be possible to receive redress on behalf of the other institutions.
In this circumstance, special rules apply (see section 29 of the NRS Rules). The defendant institution does not pay redress as it is not a responsible institution under section 11(2) of the NRS Rules. However, for the purposes of calculating the liability of the responsible institutions the defendant institution is treated as being responsible under this rule.
Act reference: NRSAct section 30 Working out the amount of redress payment and sharing of costs
NRS Rules section 11 Participating institution ordered by court to pay compensation or damages is not responsible, section 29 Special rules if institution ordered by court to pay compensation or damages for abuse