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.

3.3 When is an institution responsible for a person's abuse?


In order for a person to be found eligible for redress, the Operator must find an institution/s participating in the Scheme responsible for the person's abuse. In determining whether an institution is responsible for a person's abuse the Operator considers:

  • whether the institution was responsible for the day to day care of the person when they were abused
  • whether the institution was the legal guardian of the person
  • whether the institution was responsible for placing the person into the institution where they experienced the abuse
  • whether the abuser was an official (1.1.O.20) of the institution when the abuse occurred, and
  • whether the abuse occurred on the premises of the institution, where activities of the institution occurred, or in connection of activities of the institution.

Act reference: NRSAct section 15 When is an institution responsible for abuse?

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