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.

4.2 When an application for redress is approved

Making a decision on an application

Where a person makes an application for redress, the Operator (1.1.O.30) or an Independent Decision Maker (1.1.I.10) 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 by the Scheme.

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.

If the application meets the criteria for a reassessment of a determination, the Operator or Independent Decision Maker will need to approve the application again to start the reassessment.

Note: A determination to approve an application cannot be made, where the person is deceased and the application is received by the Scheme after their death.

Act reference: NRSAct section 29 The Operator must make a determination on the application, section 48 The Operator must pay the redress payment, Part 3-3 Division 2—Reassessment of determinations, section 24 Power to request information from the applicant, section 25 Power to request information from institutions

When is a person’s application approved

Where the Operator considers that it is reasonably likely that the person meets the Scheme's eligibility requirements (3.2), 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 institution/s responsible for the abuser/s having contact with the person.

If approved, the Operator or the Independent Decision Maker must also determine:

  • the amount of redress payment for a person
  • each institution/s' share of the costs of the redress payment
  • where applicable, the Commonwealth’s share of the costs of the redress payment
  • whether the person will receive access to counselling and psychological services through their state or territory government where they live, 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
  • each institution/s' share of the costs of the counselling and psychological care component
  • for each participating institution – determine the participating group (if any) of which it is a member at that time
  • if the institution is either primarily or equally responsible for the abuse of the person
  • if the institution is listed under funder of last resort arrangements and if so, determine both the funder of last resort’s and Commonwealth’s share of costs of the redress payment and counselling and psychological care components, and
  • for each institution identified in the application that is not participating or listed under funder of last resort arrangements, determine that the institution is not responsible for the abuse.

When an application for redress is approved the Operator will make an offer of redress to the person. If the person or their legal nominee accepts the redress offer, redress can be paid to the person or their financial administrator as a lump sum, or if requested, by instalments.

Act reference: NRSAct section 29 The Operator must make a determination on the application

When can an application for redress decision be revoked

The Operator or Independent Decision Maker may revoke a determination made on an application for redress if information becomes available that would have changed the decision. The Operator or Independent Decision Maker must revoke a determination where it later becomes known that:

  • the person 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.

If the Operator or Independent Decision Maker revokes a determination, the decision is taken never to have been made. If an offer of redress has been made and the person had not accepted or declined the offer of redress, the offer is considered to be withdrawn (1.1.W.05). If the person had asked for the determination to be reviewed, the application for review is also taken to be withdrawn. However, if the application meets the criteria to allow for a reassessment of redress and the person or legal nominee agree to the reassessment, the Operator or Independent Decision Maker must revoke and set aside the current determination to make a new redress determination and offer.

In revoking a determination the Operator must notify the person and their nominee (if applicable), each relevant participating institution and funders of last resort.

Act reference: NRSAct section 29 The Operator must make a determination on the application, section 48 The Operator must pay the redress payment, Part 3-3 Division 2—Reassessment of determinations

NRS Rules section 17 Circumstances in which determination may or must be revoked

Policy reference: Redress Guide 2.1 Redress application, Part 10 Transitional arrangements, 1.1.R.05 Reassessment, 1.1.R.65 Revocation

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