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
• or was a Commonwealth entity
• or was a wholly-owned Commonwealth company
• or was an incorporated body established by or under a law of the Commonwealth
• or was an unincorporated body established by or under a law of the Commonwealth
• an institution that is prescribed by the NRS Rules as being a Commonwealth institution.

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
  • is or was taken to be registered under the Corporations Act 2001 (transitional provisions), or
  • was not under Commonwealth control for a period.
• the NRS Rules prescribe that the institution is not a Commonwealth institution.

This rule making power is intended to exclude a Commonwealth institution where it is more appropriate for another participating institution to pay redress for a person rather than the Commonwealth.

In addition, an institution not under the control of the Commonwealth in relation to a specified period would not be considered a Commonwealth institution.