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.

8.2 Funders of last resort

When a participating government institution or jurisdiction is a funder of last resort

In certain cases a participating government institution or jurisdiction can be determined as the funder of last resort for a 'listed’ non-government institution.

A participating jurisdiction may ‘list’ a non-government institution under sections 164, 164A, 164B or 164C of the NRSAct to be its funder of last resort. One or more participating jurisdictions can ‘list’ the same non-government institution.

In these cases, either a participating government institution or jurisdiction will be liable to pay the ‘listed’ institution’s share of costs of providing redress to a person, where it is determined by the Independent Decision Maker that:

  • a government institution was equally responsible with the listed institution for the abuse, or
  • the listed institution is primarily responsible for the abuse, and the abuse occurred within the jurisdiction that has agreed to be the funder of last resort.

Effect of a funder of last resort

Listed institution equally responsible with a government institution

If a non-government institution is ‘listed’ for a jurisdiction under section 164 of the NRSAct and it is found equally responsible with a government institution from that jurisdiction, then that responsible government institution is the funder of last resort and will be liable for both its share and the listed institution’s share of redress costs of:

  • the redress payment
  • counselling and psychological care
  • scheme administration costs.

Listed institution primarily responsible

If a non-government institution is ‘listed’ by a jurisdiction under section 164A, 164B or 164C of the NRSAct, and found primarily responsible for the abuse, the determined jurisdiction (as its funder of last resort) will be liable for:

  • the redress payment
  • counselling and psychological care
  • scheme administration costs.

Under these arrangements, there are special rules when sharing the costs of redress. The jurisdiction determined by the Independent Decision Maker as the listed institution’s funder of last resort will be liable for half the costs, and the Commonwealth will bear the costs of the other half of that jurisdiction’s liability.

Act reference: NRSAct Part 6-2 Funder of last resort

NRS Rules section 28 Special rules for funder of last resort cases

Policy reference: Redress Guide 1.1.F.20 Funder of last resort, 1.1.L.10 Listed institution

Last reviewed: