2.2.1 Persons applying from gaol
For the purposes of the Scheme, a person is in gaol if:
- the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or license, or
- the person is undergoing a period of custody pending trial or sentencing for an offence.
Generally, a person cannot apply for redress if they are in gaol, but can apply once they are released from gaol. However, a person can apply for redress if there are exceptional circumstances justifying an application to be accepted.
The Operator will make an assessment on whether exceptional circumstances exist when the person is:
- in gaol, but it is likely that after they are released from gaol they will be too ill to make an application for redress or respond to a request for information, or
- expected to be in gaol until after the Scheme closes on 30 June 2028.
If a different exceptional circumstance to the 2 outlined above applies, the Operator will give notice to the relevant state or territory Attorneys-General (or nominated representative), where the person experienced the abuse; and where the person is in gaol. The notice will:
- request advice about whether the Operator should accept the application
- include enough information for the relevant Attorneys-General to provide that advice to the Operator, and
- ask that the advice is provided within a timeframe that cannot be fewer than 28 days.
In making a determination about whether exceptional circumstances exist, the Operator will give greater importance to the advice provided by the Attorney-General of the jurisdiction where the person experienced abuse. With this information, the Operator will then decide if exceptional circumstances exist, allowing the person to apply.
If the Operator determines that no exceptional circumstances exist, the application is taken to have not been made. This means the person will not be able to apply for redress until they are released from gaol.