6.1 Offer of redress
After receiving a person's application, the Scheme will assess it and make a determination to approve or not approve it for redress. The Scheme will provide the person with a written notice of determination outlining whether the application has been approved or not, the reasons for the determination and how to apply for a review of the determination.
If the Scheme approves a person's application for redress this notice will include an offer of redress. An offer of redress will include the 3 components of redress:
- a redress payment
- access to counselling and psychological services
- a direct personal response (from the responsible institution/s).
A person may choose to accept 1, 2 or all 3 component of redress.
Note: Where an eligible person has an approved application and then dies, the Scheme will only make a redress payment to that person's estate; counselling and psychological services and a direct personal response will not be available.
How an offer of redress is made to a person
All offers of redress will be provided in writing. The person and/or their nominee will receive the offer letter that explains all 3 components of redress (i.e. the redress payment, counselling and psychological services, and direct personal response) available to them and provides information on how to accept or decline the offer. The offer will also explain that if a person decides to accept the offer they will be releasing the participating institution/s responsible (including officials, and if applicable, associates of the responsible institution/s) from civil liability for abuse within the scope of the Scheme.
The letter will also specify:
- the amount of redress payment
- whether the person will receive access to counselling and psychological services, or a payment to allow the person to access those services privately (and if so, the amount of that payment)
- the participating responsible institution/s or the representative/s (where applicable) that are liable for redress
- the participating institution/s identified in the application found not responsible for providing redress
- the participating institution/s who have declared they will provide redress for a defunct institutions/s (historic or non-existent)
- the participating government institution/s who is declared as the funder of last resort for a defunct institution, noting a direct personal response is not available to the person in relation to the defunct institution's abuse, and
- if any responsible institution/s is part of a participating group, and if so, who their associates are.
In addition, the letter of offer will also specify:
- the date of the offer
- the acceptance period for the offer, the offer expiry date, and that extensions to the period may be requested in exceptional circumstances
- information about how to access free independent legal advice to help decide whether to accept the offer
- information for other support services available to help make a decision whether to accept the offer
- how to accept or decline the offer
- the effect of accepting an offer, that is the person will be releasing responsible participating institution/s, their officials and any associates from civil liability
- that there is no obligation for the person to accept the offer, and that by doing nothing they will be taken to have declined the offer at the end of the acceptance period, and
- that they cannot make another application to the Scheme.
Act reference: NRSAct section 34 Notice of determination to applicant, section 39 Offer of redress, section 40 Acceptance period for offers of redress, section 43 Effect of acceptance on civil liability