7.2 Commonwealth institutions
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