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.

4.12 Death of a person applying for redress


Only the monetary component of redress will be available when an applicant who is eligible for redress dies either:

  • before a determination is made, or
  • after a determination was made but before accepting the offer.

The direct personal response, 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 a person dies before an outcome is determined

If a person 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 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If person dies before offer of redress is accepted, declined or withdrawn

If a person receives an offer of redress, but dies before that offer is accepted or declined, the offer is withdrawn immediately.

A redress offer includes three components - a redress payment, access to counselling and psychological services and a direct personal response. If the original offer is withdrawn, as these can no longer be provided to the person. However, 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

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