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.

7.4 Participating Territory institutions

What is a participating Territory institution?

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

Participating Territory institutions may be declared by the Minister for Social Services.

What is a Territory institution?

An institution is a Territory institution where:

  • it is or was a part of a self-governing territory
  • it is or was a body established for public purpose (whether or not incorporated) by or under law of a self-governing territory, or
  • is prescribed by the NRS Rules as being a Territory institution under the Scheme.

What is not a Territory institution?

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

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

Act reference: NRSAct Part 5-1 Participating institutions, section 112 What is a participating Territory institution?, section 113 What is a Territory institution?

NRS Rules Part 12 Participating institutions and participating groups

Policy reference: Redress Guide 7.1 Participating institutions

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