4.2 When an application for redress is approved
Making a decision on an application
Where a person lodges an application for redress, the Operator or an Independent Decision Maker must make a decision on their application. The Operator or the Independent Decision Maker will aim to make a decision as soon as practical after the application is received. The Operator or Independent Decision Maker will use the information the applicant has provided in their application and any information provided by relevant participating institution/s as part of the Request for Information process.
When the Scheme will approve an application
Where the Operator considers that it is reasonably likely that the person meets the Scheme's eligibility requirements, then the Operator or the Independent Decision Maker must approve their application. When approving the application the Operator or the Independent Decision Maker must determine the participating institution/s which was responsible for bringing the person into contact with their abuser/s.
In making the decision the Operator or the Independent Decision Maker must also determine:
- the amount of redress payment a person will receive
- an institution/s' share of the redress payment
- whether the person will receive access to counselling and psychological services through their state or territory government or whether they will receive the counselling and psychological services payment
- where applicable, the amount of counselling and psychological care payment a person will receive
- an institution/s' share of the counselling and psychological care payment, and
- if the relevant participating institution is part of a group participating in the Scheme, other associated participating institutions.
When an application for redress is approved the Operator will make an offer of redress to the applicant.
Act reference: NRSAct section 29 The Operator must make a determination on the application
When the Scheme can revoke an application for redress
Where the Operator makes a decision on an application and later becomes aware of information which would have affected that decision, the Operator may revoke a determination about an application for redress. The Operator must revoke a determination where it is later known that:
- the applicant has accepted an offer of payment from a responsible institution for which a redress payment under the Scheme was made, or
- a payment was made under a court order that an institution should pay compensation or damages for the abuse the applicant experienced.
The Operator cannot revoke a determination if the offer has been made and accepted. If the person had not accepted or declined the offer of redress, the offer is considered to be withdrawn. If the applicant had asked for a determination to be reviewed, the application for review is also taken to be withdrawn. If the Operator revokes a determination the decision is taken not to have been made.
In revoking a determination the Operator must notify the person and relevant participating institutions.