4.4 When is an institution responsible for the abuse a person experienced?
In making a determination on an application for redress the Operator or the Independent Decision Maker must find an institution/s participating in the Scheme responsible for the person's abuse. In determining whether an institution is responsible for a person's abuse the Operator or the Independent Decision Maker considers whether the institution is responsible for the abuser having contact with the person. The following non exhaustive circumstances may be relevant to determining this:
- whether the institution was responsible for the day to day care of the person when they were abused
- whether the person was the legal guardian of the person
- whether the institution was responsible for placing the person into the institution in which they experienced the abuse
- whether the abuser was an official of the institution when the abuse occurred, and
- whether the abuse occurred on the premises of the institution, where activities of the institution occurred, or in connection of activities of the institution.
Act reference: NRSAct section 15 When is an institution responsible for abuse?