4.12 Death of a person applying for redress
In the event that a valid application has been lodged and the applicant dies before a determination on their application is made, or a determination has been made but the applicant has not yet accepted the offer, only the monetary component of redress will be available (where the applicant is eligible for redress). The direct personal response and counselling and psychological care components of redress will not be available to the deceased applicant's estate or next of kin.
If a deceased applicant is eligible for a payment, the Operator will determine who should be paid the redress payment and pay them as soon as practicable. The Operator may consider the people who are entitled to the property of the deceased person under the deceased person's will and the law relating to the disposition of the property of deceased persons to determine who should be paid. The deceased person does not need to have estate arrangements in place. The Operator may pay the redress payment without requiring production of probate of the will or letters of administration of the estate.
It is not possible to make a claim on behalf of a deceased person.
Special process if an applicant dies before an outcome is determined
In general, if a person makes an application for redress, but dies before the application has been determined, the application for redress is determined as if the person has not died.
If a person dies, the person (or their estate) will not be entitled to redress (which includes access to counselling and psychological care and a direct personal response), but a redress payment may still be payable.
If person dies before determination is made on application
If a person makes a valid application for redress, but dies before a determination on the application is made, the Scheme must continue to deal with the application as if the person had not died.
If person dies before offer of redress is accepted, declined or withdrawn
If a person makes a valid application and receives an offer of redress, but dies before that offer is accepted or declined, the offer is withdrawn immediately after the person dies.
As a redress offer includes three components - a redress payment, access to counselling and psychological services and a direct personal response - the original offer is withdrawn, as these can no longer be provided to the person.
The original amount of the redress payment identified in the offer may still be payable to the person's estate.
Act reference: NRSAct Part 3-1 Division 2 Death of person before acceptance of redress offer