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.

4.5 Offer of redress

Summary

After receiving a person's application for redress, an Independent Decision Maker will make a determination to approve or not approve the application. The Scheme is required to provide the person a written notice of the Independent Decision Maker’s determination outlining whether the application has been approved or not, including the Independent Decision Maker’s reasons for their determination and how to accept, decline or ask for review of the determination.

If the person’s application is approved the written notice will include an offer of redress. The offer of redress will include 3 components of redress:

  • a redress payment
  • access to counselling and psychological care (services or a lump sum payment)
  • a direct personal response (if available from the responsible institution/s).

A person may choose to accept one, 2 or all 3 components of redress. If the person previously received the $10,000 advance payment, this amount will be subtracted from the accepted final redress payment amount.

How an offer of redress is made to a person

All offers of redress will be provided to a person in writing.

The person and/or their nominee will receive the offer letter that explains:

  • all 3 components of redress (that is, the redress payment, counselling and psychological services, and direct personal response)
  • information on how to accept or decline the offer, and
  • the Independent Decision Maker’s reasons when determining the application for redress.

The offer will also explain that if a person decides to accept the offer they will be releasing the responsible participating institution/s (including officials, and if applicable, associates of the responsible institution/s) from civil liability for abuse within the scope of the Scheme.

The letter will also specify:

  • the amount of redress payment
  • whether the person will receive access to counselling and psychological services, or a payment to allow the person to access those services privately (and if so, the amount of that payment)
  • the participating responsible institution/s or the representative/s (where applicable) that are liable for redress
  • the participating institution/s identified in the application found not responsible for providing redress
  • where relevant, the participating institution/s who have declared they will provide redress for a defunct institutions/s (historic or non-existent)
  • where relevant, the participating government institution/s who is declared as the funder of last resort for a listed institution (1.1.L.10), noting a direct personal response is not available to the person in relation to that institution's abuse, and
  • if any responsible institution/s is part of a participating group, and if so, who their associates are.

In addition, the letter of offer will specify:

  • the date of the offer is made
  • the acceptance and review period for the offer, the offer expiry date, and that extensions to the periods may be requested in exceptional circumstances
  • information about how to access free independent legal advice to help decide whether to accept the offer or not
  • information for other support services available to help make a decision whether to accept the offer or not
  • how to accept or decline the offer
  • how to ask for a review of the offer
  • the effect of accepting an offer, that is the person will be releasing responsible participating institution/s, their officials and any associates from civil liability
  • that there is no obligation for the person to accept the offer, and that by doing nothing they will be taken to have declined the offer at the end of the acceptance period
  • the effect of declining an offer, including the person will continue to be able to take civil action and if they were paid the $10,000 advance payment, this amount must be paid back to the Commonwealth Government, and
  • that they cannot make another application to the Scheme.

Offers of redress when an applicant is eligible and approved for a reassessment of redress

A person’s application may be reassessed after an offer of redress is accepted or declined where:

  • one or more institutions identified as part of their application or by the Scheme in the course of dealing with the application, that were not participating or listed under funder of last resort arrangements, has since joined the National Redress Scheme
  • the person has agreed for their application to be reassessed, and
  • the person’s reassessment agreement was received by the Scheme on or before 30 June 2027.

In the above circumstances, the Independent Decision Maker must approve the application and make a reassessment determination for redress. When a reassessment of redress is approved, the Independent Decision maker will set aside the current redress determination and make a new determination for redress.

After the Independent Decision Maker has made their reassessed determination for redress, a new offer of redress will be provided in writing to the person and/or nominee and will include:

  • the date of the new offer
  • the acceptance and review period for new reassessed offer of redress, the offer expiry date, and that extensions to the periods may be requested in exceptional circumstances
  • the reassessed 3 components of redress (that is, redress payment, counselling and psychological care component, and direct personal response)
  • the Independent Decision Maker’s reasons for the reassessed determination for redress
  • any differences of the redress payment amounts between the original or previous redress to the current redress payment offer amount
  • the participating responsible institution/s or the representative/s (where applicable) that are liable for redress
  • the participating institution/s identified in the application found not responsible for providing redress
  • where relevant, the participating institution/s who have declared they will provide redress for a defunct institutions/s (historic or non-existent)
  • where relevant, the participating government institution/s who is declared as the funder of last resort for a listed institution, noting a direct personal response is not available to the person in relation to that institution's abuse
  • if any responsible institution/s is part of a participating group, and if so, who their associates are
  • information about how to accept, decline or ask for a review of the reassessed offer of redress
  • the effect of accepting the reassessed redress offer, that is the person will be releasing responsible participating institution/s, their officials and any associates from civil liability, and
  • that there is no obligation for the person to accept the reassessed offer, and that by doing nothing and declining the reassessed offer, there will be no changes to the existing arrangements and the current accepted redress offer still stands.

Act reference: NRSAct section 34 Notice of determination to applicant, section 39 Offer of redress, section 40 Acceptance period for offers of redress, section 43 Effect of acceptance on civil liability, section 167 Recovery of amounts (other than funding contribution and late payment penalty), Part 3-3 Division 2—Reassessment of determinations

Policy reference: Redress Guide Part 10 Transitional arrangements

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