The National Redress Scheme legislation website has been publicly released, affecting Catholic church abuse victims & many more
The Royal commission into institutional responses to child abuse ultimately resulted in the National Redress Scheme to compensate the widely publicised victims of the Catholic church and other institutions involved in abuse. However, the Scheme is far from cut and dry and presents a number of issues.
The National Redress Scheme’s legislation is complex. Its convoluted language puts it beyond the understanding of even the well-educated people. You have to be a lawyer to have any chance. This is probably deliberate.
The launch of the website went ahead in test mode with a search functionality which was unreliable and unhelpful. This has caused a lot of frustration, adding to the stress of many institutional abuse survivors trying to find out what to do.
The institutions listed in the legislation (see below) do not yet include the Catholic Church, Anglican Church, Salvation Army. In fact, there are no churches on the list. This is either because their applications are pending or they haven’t signed up to the Scheme at all. You won’t find the Jehovah’s Witnesses or the Latter Day Saints (Mormons) on the list either. Why aren’t they on the list? Because the Government haven’t forced the worst offending institutions to sign up.
Whether you were abused by an institution on the public list or not, you should contact Kelso Lawyers. We can help you with your claim and tell you if redress is the best option for you.
Are Catholic church abuse victims getting unfair treatment?
Below is the list of institutions legally signed up to the redress scheme – this information is sourced directly from the legislation. You can view the full legislation online.
Participating State institutions (NSW)
Each of the following State institutions of New South Wales is a participating institution:
(a) A government sector agency within the meaning of the Government Sector Employment Act 2013 (NSW);
(b) A service of the Crown in which persons excluded from the Government Sector Employment Act 2013(NSW) by section 5 of that Act are employed;
(c) A statutory body representing the Crown in right of the State of New South Wales that is authorised by legislation to employ staff;
(d) A statutory body representing the Crown in right of the State of New South Wales that at any time received funding from the State for a public purpose;
(e) A local health district or statutory health corporation established under the Health Services Act 1997(NSW);
(f) A public hospital controlled by the Crown in right of the State of New South Wales;
(g) Any institution (however described) that has been superseded by anything listed in paragraphs (a)-(f); and
(h) Any institution (however described) of a kind referred to in paragraphs (a)-(f) that has been abolished.
Note: The avoidance of doubt, the institutions at (c) and (d) do not extend to a university, a residential college of a university or a local council.
7 Participating State institutions (Vic.)
Each of the following State institutions of Victoria is a participating institution:
(a) Public sector bodies, within the meaning of the Public Administration Act 2004 (Vic), whether established or in existence before, on or after the commencement of that Act;
(b) All bodies that were established or in existence and ceased to exist before the commencement of the Public Administration Act 2004 (Vic) and that would, if that Act had been in force, have been public sector bodies within the meaning of that Act, in relation to the period for which they so operated; and
(c) Councils, within the meaning of the Local Government Act 1989(Vic).
8 Participating Territory institutions (ACT)
Each of the following Territory institutions of the Australian Capital Territory is a participating institution:
(a) The Australian Capital Territory (the Territory) as established as a body politic by section 7 of the Australian Capital Territory (Self-Government) Act (Cth);
(b) A Territory owned corporation under the Territory Owned Corporations Act 1990 or a subsidiary of a Territory owned corporation;
(c) A Territory instrumentality within the meaning of the Public Sector Management Act 1994; and
(d) Any other body that is:
- i) subject to the control of the Territory or otherwise an agent of the Territory in exercising a function; or
- ii) made up of public sector members within the meaning of the Public Sector Management Act 1994.