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.

2.4 Applying for redress with serious criminal convictions

Summary

For the purposes of the National Redress Scheme, a person has a 'serious criminal conviction' when they have been sentenced to imprisonment for 5 years or more for a single offence in Australia or another country.

If a person has a serious criminal conviction for unlawful killing, a sexual offence, a terrorism offence, or certain related offences, or where a risk to the integrity of the Scheme may exist in providing redress to the person, the Operator (1.1.O.30) must determine whether the person is entitled to redress under the Scheme. To make this decision, the Operator requires the person to undergo a special assessment process.

Special assessment process

The special assessment process helps the Operator to decide if providing redress to a person with a serious criminal conviction will negatively affect public confidence in the Scheme. This process involves the Operator:

  • asking the person applying for redress for further information
  • asking for written advice from the specified advisor in the jurisdiction where the abuse of the person occurred, and
  • asking for written advice from the specified advisor in the jurisdiction where the person was convicted of the offence.

The Operator's will write to each relevant specified advisor:

  • asking for advice about whether the Operator should make a determination, and
  • including enough information about the person applying that would allow the relevant specified advisor to provide their advice.

The specified advisor is provided a period of at least 28 days from the date of the Operator's letter to provide the advice.

Making a determination on entitlement

When the Operator receives the advice from the specified advisor/s, the Operator will make a determination that considers:

  • any advice given by the specified advisor/s
  • the nature of the offence the person was convicted of
  • the length of the sentence of imprisonment
  • how long it has been since the person committed the offence
  • any rehabilitation of the person, and
  • any other matters considered relevant in making the determination.

In making their determination of entitlement, the Operator will place greater importance on the advice provided by the specified advisor in the jurisdiction where the person applying for redress experienced abuse.

Sentenced after applying for redress

If after applying for redress, a person is sentenced to imprisonment for 5 years or more for an offence in Australia or another country, the person must notify the Scheme in writing of this change in circumstances as soon as possible.

Act reference: NRSAct section 181 Persons or institutions giving notices to the Operator, section 63 Special assessment of applicants with serious criminal convictions

Policy reference: Redress Guide Part 2 Applying for redress

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