5.1.3 Redress payment - method statement - child migrant
Summary
This topic combines with the methodology in 5.1.1, to calculate the redress payment amount for a person who was a child migrant, as defined by section 10 of the NRS Rules.
Special rules, outlined in section 21(2) (if there is only one set of abuse) and section 25(2) (if there is more than one set of abuse) of the NRS Rules, are used to calculate institutions' share of the redress payment.
Method statement
The calculations to determine an institution's share of the maximum redress for a child migrant application are as follows:
| Formula | If … | the calculation for the … | … share of the maximum amount is … |
|---|---|---|---|
| 1 | the only responsible institutions are the Commonwealth and the State or Territory institution |
Commonwealth or State/Territory institution's |
1 ÷ 2 |
| 2 | the Commonwealth and State or Territory institutions are responsible AND there are one or more non-government institutions responsible | Commonwealth or State/Territory institution's | 1 ÷ [2 × (Number of non government institutions responsible + 1)] |
| 3 | the Commonwealth and State or Territory institutions are responsible AND there are one or more non-government institutions responsible AND there are one or more other government institutions responsible | government institution's (key jurisdiction institution) | 1 ÷ [2 × (number of non government institutions responsible + 1) × (Number of other key jurisdiction institutions + 1)] |
| 4 | the Commonwealth and State or Territory institutions are responsible AND there are one or more other government institutions responsible | government institution's (key jurisdiction institution) | 1 ÷ [2 × (Number of other key jurisdiction institutions + 1)] |
| 5 |
the Commonwealth and State or Territory institution are responsible AND there are one or more non-government institutions responsible |
non-government institution's |
1 ÷ (Number of non government institutions responsible + 1) |
In these formulas, 'institutions responsible' refer to participating responsible institutions.
The following decision tree can be used to work out which item under section 21(2) applies to any given institution.
This diagram is of a decision tree which can be used to work out which formula under section 21(2) applies to any given institution. Use formula 1 if: the institution is a government institution, there are no other responsible government institutions that belong to the same jurisdiction and there are no responsible non-government institutions. Use formula 2 if: the institution is a government institution, there are no other responsible government institutions that belong to the same jurisdiction and there are responsible non-government institutions. Use formula 3 if: the institution is a government institution, there are other responsible government institutions that belong to the same jurisdiction and there are responsible non-government institutions. Use formula 4 if: the institution is a government institution, there are other responsible government institutions that belong to the same jurisdiction and there are no responsible non-government institutions. Use formula 5 if the institution is a non-government institution.
Act reference: NRS Rules Part 6 Division 2 Requirements for working out institution's gross liability amount