10 Transitional arrangements
The National Redress Scheme for Child Sexual Abuse Amendment Bill 2021 came into effect on 17 September 2021. This topic is a summary of the transitional arrangements that apply to a person's application of redress and any relevant prior payments.
The requirement for an application to include a valid statutory declaration has been removed. A new application form will be available in early 2022.
As part of the transitional arrangements, the Scheme will continue to accept applications for redress using the previous version of the application form and with a completed statutory declaration.
An application will be considered valid where the application form includes the statutory declaration page that is signed and dated by the person applying for redress (or the legal nominee). The application does not require a person's signature to be witnessed as part of the statutory declaration to be accepted as valid.
The Scheme will not accept an application for redress where the statutory declaration is missing either the person's signature or the date signed. The Scheme will contact the person in such circumstances.
Relevant prior payment indexation calculation
Amendments to change the way prior payments are indexed apply to all applications made to the Scheme, including applications that have been finalised.
Relevant prior payment/s will be indexed according to the number of whole years since the relevant prior payment was made, until the date the person submits their application for redress, rather than as at the date of the determination.
This change ensures that the time taken to process an application does not affect the amount of the final redress payment. This change will not affect the liability for institutions, with the Commonwealth paying the difference in the redress payment.
Example: The Scheme receives an application on 2 June 2020, which includes a relevant prior payment paid on 1 June 2018. The Independent Decision Maker determines the redress outcome on 1 August 2021.The relevant prior payment is indexed by 2 years (1 June 2018 to 2 June 2020) instead of 3 years (1 June 2018 to 1 August 2021).
In early 2022, if a person's redress payment is, or was, affected by the change to indexation calculations, the Commonwealth will contribute towards the share of their redress payment. The Commonwealth's contribution can be paid to a person either as a separate payment or as part of the total redress payment.