The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.P.35 Partly-participating institution

Definition

For the purposes of the Scheme, a 'partly-participating institution' is a non-government institution that is not defunct and is not able join the Scheme in full. The institution must choose and agree to partly-participate in the Scheme.

To become a partly-participating institution, the Minister must declare the institution by notifiable instrument to Parliament. To make the declaration, the Minister must first be satisfied that:

  • institution has agreed in writing to partly-participate, and
  • one or more jurisdiction/s have agreed in writing to 'list' the institution under the Scheme's funder of last resort arrangements.

Under the funder of last resort arrangements, partly-participating institutions are required to:

  • comply with the Scheme's request for information process to assist an application’s redress determination, and
  • provide a Direct Personal Response to the applicant if this component of redress is offered and accepted.

If a party-participating institution is found to be responsible for child sexual abuse, the institution's financial redress liability will be covered by one or more participating jurisdictions (that is, Commonwealth, participating State or Territory).

An institution's ability to participate in full must be reviewed the Scheme at least every 12 months.

Act reference: NRSAct section 6 The Dictionary, section 164B Listing partly-participating institutions

Policy reference: Redress Guide 8.2 Funders of last resort, 1.1.F.20 Funder of last resort, 1.1.D.20 Defunct institution, 1.1.L.10 Listed institution

Last reviewed: