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.

4.3 Effect of a determination on an application

Summary

Any determination made under the Scheme by the Operator or an Independent Decision Maker (IDM) regarding an application for redress only applies to the Scheme itself. This means that it does not represent, in any way, a finding of law or fact that may otherwise be applicable to a criminal or civil proceeding.

In practice, this means that when the Operator or IDM determines an institution is or is not responsible for the abuse of a person, or is or is not liable to pay redress to a person, that determination is only meaningful within the operation of the Scheme. This is generally because court cases are subject to a higher standard of proof than is required under the Scheme.

The only effect a determination made under the Scheme has with respect to civil liability is upon the institution/s determined to be responsible for the abuse of the person. If the responsible institution/s is a participating institution, it is liable to provide redress and make payments in relation to that redress.

Accepting an offer of redress has the effect of releasing the responsible participating institution/s, their associates and those institution's officials (other than the abuser/s) from any civil liability for instances of sexual abuse and related non-sexual abuse of the person. This means that when the person accepts their offer or redress, they are agreeing not to bring or continue any civil claims against the responsible participating institution/s, their associates and relevant officials in relation to any abuse within the scope of the Scheme.

Act reference: NRSAct Part 2.3 Division 6 Effect of determination and admissibility of evidence in civil proceedings, section 71K Effect of acceptance of new offer of redress

Policy reference: Redress Guide 4.8 Effect of accepting an offer of redress

Last reviewed: