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.

10 Transitional arrangements

The National Redress Scheme for Child Sexual Abuse Amendment Bill 2021

The National Redress Scheme for Child Sexual Abuse Amendment Bill 2021 came into effect on 17 September 2021. This block is a summary of the transitional arrangements that apply to a person's application of redress and any relevant prior payments.

Statutory declaration

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.

Act reference: NRSAct Part 8-3—Application and transitional provisions relating to the National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2021

Policy reference: Redress Guide 2.1 Redress application, 5.1 Redress payment (monetary payment)

The National Redress Scheme for Child Sexual Abuse Amendment Bill 2023

The National Redress Scheme for Child Sexual Abuse Amendment Bill 2023 came into effect on 4 April 2024. This block is a summary of the transitional arrangements that apply to a person's application of redress for the following matters.

Internal Reviews

Applicants who have already requested a review of their determination can now provide additional information and documents (that were not previously provided in their application for redress), to support their review application. The additional information will be considered by a new Independent Decision Maker, who did not assess the original application.

Additional information from institutions can also be considered by an Independent Decision Maker when conducting a review of a determination. An Independent Decision Maker may ask for further information from an institution through the Request for Information process. Institutions may also provide additional information within the review period without being asked to by the Scheme.

An applicant can submit additional information and documents with their 'Application for a Review of Determination’ form, or upload and send the form and any additional information and documents through the myGov portal or choose to verbally provide the additional information to the Scheme over the phone.

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