7.2 Commonwealth institutions

Summary

For the purposes of the Scheme, an institution under the responsibility of the Commonwealth is a participating institution. The Minister for Social Services does not need to declare Commonwealth institutions as participating institutions.

Under the Scheme, Commonwealth institutions includes institutions which:

  • is the Commonwealth
  • is or was part of the Commonwealth
  • is or was a Commonwealth entity
  • is or was a wholly-owned Commonwealth company
  • is or was an incorporated body established by or under a law of the Commonwealth
  • is or was an unincorporated body established by or under a law of the Commonwealth
  • is not an institution that is prescribed by the NRS Rules as not being a Commonwealth institution.

The rule making power is intended to be used to exclude a Commonwealth institution where it is more appropriate for another participating institution to pay redress for a person rather than the Commonwealth.

In addition, an institution not under the control of the Commonwealth in relation to a specified period would not be considered a Commonwealth institution.

Commonwealth institutions not covered under Scheme

The Scheme does not consider an institution a Commonwealth institution where:

  • it is a body politic that is a territory
  • it is or was part of a body politic that is a territory
  • it is or was a body corporate (other than a wholly-owned Commonwealth company) that
    • is or was registered under the Corporations Act 2001
    • is or was taken to be registered under the Corporations Act 2001 (transitional provisions), or
    • was not under Commonwealth control for a period.

Act reference: NRSAct Part 5-1 Participating institutions, section 109 What is a Commonwealth institution?

NRS Rules Part 3 Responsibility of institutions

Public Governance, Performance and Accountability Act 2013 section 10 Commonwealth entities, section 90 Wholly‑owned Commonwealth companies

Corporations Act 2001 Chapter 10 Transitional provisions

Policy reference: Redress Guide 7 Institutions

Last reviewed: 13 August 2018