7.4 Participating Territory institutions

What is a participating Territory institution?

For the purposes of the Scheme, a participating Territory institution is an institution that is or was established for a public purpose under a law of a participating Territory. Territory institutions participating in the Scheme will be liable for providing redress to a person eligible for redress.

Participating Territory institutions may be declared by the Minister for Families and Social Services.

What is a Territory institution?

An institution is a Territory institution where:

  • it is or was a part of a self-governing territory
  • it is or was a body established for public purpose (whether or not incorporated) by or under law of a self-governing territory, or
  • is prescribed by the NRS Rules as being a Territory institution under the Scheme.

What is not a Territory institution?

The Scheme does not consider an institution a Territory institution if the Rules prescribe the institution as not being a Territory institution under the Scheme. This rule making power is intended to be used to exclude a Territory institution where it is more appropriate for another participating institution to pay redress for a person rather than the Territory.

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

Act reference: NRSAct Part 5-1 Participating institutions, section 112 What is a participating Territory institution?, section 113 What is a Territory institution?

NRS Rules Part 12 Participating institutions and participating groups

Policy reference: Redress Guide 7.1 Participating institutions

Last reviewed: 1 July 2019