9.1 Administration of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018

Introduction

This section sets out the Commonwealth's legislative power to provide redress to a person.

Constitutional basis for this Act

The constitutional basis of the NRSAct is dependent on whether a state or territory is participating in the Scheme. If a state is participating in the Scheme, they must have referred their relevant constitutional powers to the Commonwealth.

The Commonwealth does not have the constitutional authority to provide redress to a person from institutions in a state unless the state has referred these powers to the Commonwealth. Territories are not required to refer powers, as the Commonwealth Parliament has the power to make laws for the government of a territory, under section 122 of the Commonwealth of Australia Constitution Act (The Constitution).

Concurrent operation with state or territory laws

The NRSAct operates alongside all state and territory laws to the extent that this is possible under the NRSAct. If a state or territory has a similar law in place that provides for redress to a person who experienced abuse, that similar law can operate alongside the NRSAct.

Application outside of Australia & in external territories

The NRSAct applies both within and outside Australia, and in every external territory. This includes:

• Ashmore and Cartier Islands
• Australian Antarctic Territory
• Christmas Island
• Cocos (Keeling) Islands
• Coral Sea Islands
• Heard and McDonald Islands
• Norfolk Island.