1.1.R.20 Referral Act


For a state to participate in the National Redress Scheme, they must refer sufficient powers to the Commonwealth for the purposes of meeting the requirements of section 51(xxxvii) of the Australian Constitution. The Parliament of the state must pass either a referral Act or an adoption Act meeting the requirements of the NRSAct to be deemed a participating institution.

Before the commencement of the Act, a state can participate by passing a referral Act. This comprises the following:

  • 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

Last reviewed: 1 July 2019