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 intended only as a guide to social security payments. 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.

7.3 Participating State institutions

What is a participating State institution?

For the purposes of the Scheme, a participating State institution is an institution that is or was established for a public purpose under a law of a participating State. State institutions participating in the Scheme will be liable for providing redress to a person eligible for redress.

Participating State institutions must be declared by the Minister for Social Services.

What is a State institution?

An institution is a State institution where:

  • it is or was part of a state
  • it is or was a body established for a public purpose (whether or not the body is incorporated) by or under a law of a state that is participating in the Scheme, or
  • is prescribed by the NRS Rules as being a State institution under the Scheme.

What is not a State institution?

The Scheme does not consider an institution a State institution if the NRS Rules prescribe the institution as not being a State institution under the Scheme. This rule making power is intended to exclude a State institution where it is more appropriate for another participating institution to pay redress for a person rather than the state.

Act reference: NRSAct Part 5-1 Participating institutions, section 110 What is a participating State institution?, section 111 What is a State institution?

NRS Rules Part 12 Participating institutions and participating groups

Policy reference: Redress Guide 7.1 Participating institutions

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