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5.1.3 Redress payment - method statement - child migrant

Summary

This topic combines with the methodology in 5.1.1, to calculate the redress payment amount for a person who was a child migrant, as defined by section 10 of the NRS Rules.

Special rules are used to calculate institutions' share of the redress payment, outlined in section 21(2) (if there is only one set of abuse) and section 25(2) (if there is more than one set of abuse) of the NRS Rules.

Method statement

The calculations to determine an institution's share of the maximum redress for a child migrant application are as follows:

FormulaIf …… share of the maximum amount is …
1the institution is a government institution, there are no other responsible government institutions that belong to the same jurisdiction and there are no responsible non-government institutions1 ÷ 2
2the institution is a government institution, there are no other responsible government institutions that belong to the same jurisdiction and there are responsible non-government institutions1 ÷ [2 × (Number of non government institutions responsible + 1)]
3the institution is a government institution, there are other responsible government institutions that belong to the same jurisdiction and there are responsible non-government institutions1 ÷ [2 × (number of non government institutions responsible + 1) × (Number of other key jurisdiction institutions + 1)]
4the institution is a government institution, there are other responsible government institutions that belong to the same jurisdiction and there are no responsible non-government institutions1 ÷ [2 × (Number of other key jurisdiction institutions + 1)]
5the institution is a non-government institution1 ÷ (Number of non government institutions responsible + 1)

In these formulas, 'institutions responsible' refer to participating responsible institutions.

The following decision tree can be used to work out which item under section 21(2) applies to any given institution.

 

Decision tree. This diagram is of a decision tree which can be used to work out which formula under section 21(2) applies to any given institution. Use formula 1 if: the institution is a government institution, there are no other responsible government institutions that belong to the same jurisdiction and there are no responsible non-government institutions. Use formula 2 if: the institution is a government institution, there are no other responsible government institutions that belong to the same jurisdiction and there are responsible non-government institutions. Use formula 3 if: the institution is a government institution, there are other responsible government institutions that belong to the same jurisdiction and there are responsible non-government institutions. Use formula 4 if: the institution is a government institution, there are other responsible government institutions that belong to the same jurisdiction and there are no responsible non-government institutions. Use formula 5: if the institution is a non-government institution.

Act reference: NRS Rules Part 6 Division 2 Requirements for working out institution's gross liability amount

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