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.R.20 Referral Act

Definition

To participate in the National Redress Scheme, each Australian state (for example, NSW) must refer power to the Commonwealth for the purposes of section 51(xxxvii) of the Commonwealth of Australia Constitution Act. The state will then become a 'participating institution' (1.1.P.20).

From 1 July 2018, the parliaments of each state that pass a referral Act for the NRSAct to apply can participate in the Scheme. This requires:

  • referring to the Commonwealth Parliament the power to make laws and amendments (subject to any exemptions) to the Act in relation to the Scheme.

Act reference: NRSAct section 144 What is a participating State?

Policy reference: Redress Guide 9.1 Administration of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, 1.1.A.50 Adoption Act

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