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.

3.4 Requesting information

Summary

The Scheme can request information from both a person applying for redress and a participating institution to support the Operator to make a decision on an application.

Requesting information from a person applying for redress

Where the Operator believes that a person who has applied for redress has information that could support the Operator to make a decision on their application, the Operator can request information from the person. The Operator will ask the person for the information that they require, advise how the person can provide this information to the Operator, and the period the person has to respond. If a person does not have the requested information, they are able to advise this fact to the Operator.

Generally, where a request for information is urgent the person will have 4 weeks to respond, and in all other circumstances up to 8 weeks to provide the information to the Operator. This period can be extended at the request of the person, the appointed redress nominee, or by the Operator.

Requesting information from a participating or partly-participating institution

The Operator must seek information from a participating or partly-participating institution if:

  • the application for redress identifies a particular participating or partly-participating institution as involved in the abuse of the applicant, or
  • the Operator has reasonable grounds to believe that a participating or partly-participating institution may be responsible for the abuse of the applicant.

The Operator may seek information from a participating or partly-participating institution if the Operator has reasonable grounds to believe that a participating or partly-participating institution has information that may be relevant to determining an application (even if the institution may not be responsible for the abuse).

The request for information will be in writing and will ask the participating or partly-participating institution for information, how to provide the information to the Operator, and the period the institution has to respond.

Generally, where a request for information is urgent, the participating or partly-participating institution will have 4 weeks to respond, and in all other circumstances, up to 8 weeks to provide the information to the Operator. This period can be extended at the request of the participating or partly-participating institution or by the Operator.

What happens if no response is provided to a request for information?

Where a person does not respond or provide the requested information within the given timeframe, the Operator is not required to make a decision on the person's application for redress until the person provides the information to the Operator.

If a participating or partly-participating institution does not respond or provide requested information to the Operator within the given timeframe, the Operator can make a decision on the person's application based on the available information that was obtained or provided.

Act reference: NRSAct Part 2-3 Division 3 Obtaining information for the purposes of determining the application

Policy reference: Redress Guide 2.1 Redress application, 1.1.P.40 Production period, 2.7 Nominees

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