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.

7.2 Commonwealth institutions

Summary

For the purposes of the Scheme, an institution under the responsibility of the Commonwealth is a participating institution. The Minister does not need to declare Commonwealth institutions as participating institutions.

An institution is a Commonwealth institution if it is or was:

  • part of the Commonwealth
  • a Commonwealth entity
  • a wholly-owned Commonwealth company
  • an incorporated body established by or under a law of the Commonwealth
  • an unincorporated body established by or under a law of the Commonwealth.

The NRS rules may also prescribe that an institution is a Commonwealth institution, which could be in relation to a specific period of time.

Commonwealth institutions not covered under Scheme

The Scheme does not consider an institution a Commonwealth institution where:

  • it is a body politic that is a Territory
  • it is or was part of a body politic that is a Territory
  • it is or was a body corporate (other than a wholly-owned Commonwealth company) that is or was
    • registered under the Corporations Act 2001, or
    • taken to be registered under the Corporations Act (transitional provisions).

The NRS rules may also prescribe that an institution is not a Commonwealth institution where it is more appropriate for another participating institution to pay redress for a person instead of the Commonwealth. This could be in relation to a period of time specified by the NRS Rules when that institution was not under the control of the Commonwealth.

Act reference: NRSAct Part 5-1 Participating institutions, section 109 What is a Commonwealth institution?

NRS Rules Part 3 Responsibility of institutions

Public Governance, Performance and Accountability Act 2013 section 10 Commonwealth entities, section 90 Wholly‑owned Commonwealth companies

Corporations Act 2001 Chapter 10 Transitional provisions

Policy reference: Redress Guide 7.1 Participating institutions

Last reviewed: