8.2 Funders of last resort

When a participating government institution or jurisdiction is a funder of last resort

In certain cases a participating government institution or jurisdiction can be determined as the funder of last resort for 'listed’ institution that is not participating in the National Redress Scheme.

In these cases, either the participating government institution or jurisdiction will be liable to pay the share of costs of providing redress to a person, where it is determined that:

• a government institution was equally responsible with the listed institution for the abuse, or
• the listed institution is primarily responsible for the abuse, and the abuse occurred within the jurisdiction that has agreed to be the funder of last resort.

Effect of a funder of last resort

For the purposes of the Scheme where a determination is made that a government institution or jurisdiction is the funder of last resort then it is responsible and liable for the share of redress to provide:

• redress payment
• counselling and psychological care
• scheme administration costs.

In the case the listed institution is determined as primarily responsible for abuse of a person, there are special rules when sharing the costs of redress. The jurisdiction that is determined as the listed institutions funder of last resort will be liable for half the redress costs, and the Commonwealth will bear the costs of other half of that jurisdiction's liability.