6.5 Declining an offer of redress

Summary

A person has declined an offer of redress when:

  • they have formally declined the offer by providing a letter to the Scheme before the end of the acceptance period, or
  • they do nothing and the offer of redress expires.

A person may also decline a component of their offer of redress by not selecting the component within their acceptance document. If they do so, they will not be able to access that component of redress.

A declining letter must:

  • be in the approved form
  • state the person declines the offer
  • acknowledge the person understands the effect of declining the offer, and
  • be signed by the person or their legal nominee.

Where a person has declined the offer of redress, the person is acknowledging that they understand the effect of declining the offer, that is, they cannot make another application to the Scheme and they will not receive:

  • a redress payment
  • access to counselling or psychological services, or
  • a direct personal response from the responsible participating institution/s.

A person who declines an offer for redress is not entitled to redress under the Scheme. If this circumstance occurs, civil litigation may be available to the person. However, the person's application for redress and information gathered during the application process are not admissible in evidence in civil proceedings.

Where an offer of redress is declined, the Scheme must notify each responsible institution that the offer or components of the offer are declined.

A person's offer of redress is not declined where the person has requested a review of the offer of redress within the acceptance period and the review is not completed within the original acceptance period.

Act reference: NRSAct section 45 Declining the offer of redress

Last reviewed: 13 August 2018