7.7 Determining institution is responsible

Introduction

This topic describes when a participating institution is responsible for abuse for the purposes of the Scheme.

A participating institution is responsible for sexual or related non-sexual abuse of a person if the abuse occurred in circumstances where the participating institution is primarily or equally responsible for the abuser/s having contact with the person.

Determining responsibility

Without limiting the circumstances that might be relevant to make a determination as to whether a participating institution is primarily or equally responsible for the abuser/s having contact with the person, the following circumstances are relevant:

  • whether the participating institution had responsibility for the day-to-day care of the person when the abuse occurred
  • whether the institution was the legal guardian of the person when the abuse occurred
  • whether the institution was responsible for placing the person into the institution in which the abuse occurred
  • whether the abuser/s was an official of the participating institution when the abuse occurred
  • whether the abuse occurred
    • on the premises of the participating institution
    • where the activities of the participating institution took place, or
    • in connection with activities of the participating institution.

In some circumstances, an institution will be automatically deemed as either primarily or equally responsible, or not responsible.

When is an institution primarily responsible?

The Scheme may find a participating institution is primarily responsible if that institution is solely, or primarily responsible for the abuser having contact with the person.

When a participating institution is determined to be primarily responsible for an instance of abuse, then that institution will be responsible for:

  • providing a direct personal response to that person
  • paying 100% of the funding contribution to provide redress to the person for that instance of abuse.

When is an institution equally responsible?

The Scheme may find a participating institution is equally responsible if that institution and 1 or more institutions are approximately equally responsible for the abuser having contact with the person. In this circumstance, no institution is primarily responsible for the abuse.

When a participating institution is determined to be equally responsible for an instance of abuse, then that institution will be responsible for:

  • providing a direct personal response to that person
  • paying an equal share of the funding contribution to provide redress to the person for that instance of abuse.

When is an institution not responsible?

A participating institution is not responsible in an instance of abuse where there is not a reasonable likelihood that the institution had responsibility for an abuser coming into contact with the person. That is, the abuse occurred in circumstances where it would be unreasonable to hold the institution responsible.

When a participating institution is determined not responsible for an instance of abuse , it means the institution cannot be required to provide a direct personal response to the person and is not liable for the funding contribution to provide redress to the person.

In certain circumstances, an institution will automatically be deemed to not be responsible (e.g. a participating institution is not responsible where it is ordered by a court to pay compensation or damages to a person).

Act reference: NRSAct Part 2-2 Entitlement to redress under the scheme, section 15 When is an institution responsible for abuse?

NRS Rules Part 3 Responsibility of institutions

Policy reference: Redress Guide 7.7.1 Automatic deeming an institution responsible, 7.7.2 Automatic deeming an institution not responsible, 2.2 When is a person entitled to redress?

In this chapter

This chapter contains the following sections:
Last reviewed: 13 August 2018