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.

4.9 Declining an offer of redress

Summary

A person who is provided an offer of redress in writing from the Scheme, can decline their offer of redress.

The Scheme will consider a person's offer of redress is declined when:

  • the person or their legal nominee provide a completed and signed 'Declining the Offer of Redress form' before the end of their acceptance period, or
  • the person's offer of redress acceptance period has expired, and the offer has lapsed.

Declining all components of redress

The ‘Declining the Offer of Redress form’ is an approved form that is provided to an eligible person with their written offer of redress. A person or their legal nominee can complete and return this form to tell the Scheme:

  • they decline their offer of redress
  • they acknowledge and understand the effect of declining their offer, including
    • they cannot ask for a review of the offer later
    • they cannot make another application to the Scheme, and
  • they have signed and dated the form to confirm this decision.

When a person declines their offer of redress, the institution/s named in the offer are not released from civil liability. The person will continue to have option to take civil proceedings against the institution/s if they wish to do so.

If a person’s decides to let their acceptance period expire (that is take no action), the Scheme considers they have declined their offer of redress. However, a person’s acceptance period may be extended after the expiry date in exceptional circumstances. If the acceptance period is extended, the review period is also extended.

Declining a component of redress

A person can choose to decline one or more of the components of their offer of redress.

The Scheme will consider a person has declined a component of redress where it is not selected (marked) within their acceptance document. This is because the acceptance document provides an option to the person to select only those components of redress they wish to receive (if they do not wish to receive all components).

Where a component is not selected, the person will not be able to access that component of redress later. For example, a person does mark a box next to the offer of counselling or psychological care services component of redress. By not marking the box on the acceptance document, they have told the Scheme they do not want to accept this component of redress and understand they cannot access this offer later.

Notifying institutions that offer is declined

Where a person or their legal nominee declines the offer or a component of redress , the Scheme must notify the responsible participating institution/s or funders of last resort of this decision.

Review of offer of redress

A person's offer of redress is not declined where the person has requested a review of the offer of redress within the acceptance period, and the review is not completed within the original acceptance period.

Act reference: NRSAct section 45 Declining the offer of redress

Policy reference: Redress Guide 1.1.A.30 Acceptance document, 1.1.A.60 Approved form

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