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.

4.10 Effect of declining an offer of redress

Summary

If a person declines an original offer of redress they are not entitled to redress under the Scheme. They will not receive:

  • a redress payment
  • access to counselling or psychological services, or
  • a direct personal response from the responsible participating institution/s.

If a person declines their original offer of redress they cannot make another application to the Scheme.

A person who declines an original offer for redress is not entitled to redress under the Scheme. If this circumstance occurs, civil litigation may be available to the person. However, the person's application for redress and information gathered during the application process are not admissible in evidence in civil proceedings.

Where a person has received an advance payment and chooses to decline their offer of redress, the advance payment will need to be paid back to the Commonwealth Government.

Where an eligible person agrees to a reassessment of redress and declines their new reassessed offer of redress, their current offer of redress remains in place.

Act reference: NRSAct section 45 Declining the offer of redress, Part 2-6 Advance payments, section 71H Accepting or declining the new offer of redress

Policy reference: Redress Guide 4.9 Declining an offer of redress, 4.5 Offer of redress

Last reviewed: