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.

6.7 Application for redress & civil proceedings

Summary

Documents prepared in relation to a person's application for redress under the Scheme may not be admitted as evidence in civil proceedings. This includes:

  • a person's application for redress
  • documents created solely to accompany a person's application for redress
  • documents created by an institution complying with the Operator's request for information about a person's application for redress.

The exception to the above is where documents are admitted into evidence in civil proceedings for the purposes of giving effect to the NRSAct. This includes a situation where the disclosure of information is required for judicial review of a decision made under the NRSAct.

An application and documents created to support it may also be admissible in civil proceedings where a person is accused of providing false or misleading information or statements in their application or to an officer of the Scheme.

Act reference: NRSAct section 37 Admissibility of documents in evidence in civil proceedings

Policy reference: Redress Guide 2.1 Redress application

Last reviewed: