Document ID: chunk:federal_register_of_legislation:F2025C00180:reg:18
Version: federal_register_of_legislation:F2025C00180
Segment Type: reg
Provision Reference: reg 18
Character Range: 35925–38252

18  Simplified outline of this Part

      There are requirements for working out a responsible institution's share of the maximum amount of redress payment that could be payable to a person (which affects the institution's share of the costs of the payment and the overall amount of the payment). The requirements depend on how many institutions are responsible for abuse of the person, and whether the person suffered abuse for which different institutions, or groups of institutions, are responsible.
      There are special requirements that ensure Commonwealth institutions equally responsible under Part 3 with State or Territory institutions (and possibly non‑government institutions) for abuse of certain child migrants are not liable for more than half of the governmental part of the maximum amount of redress payment for the abuse.
      Certain payments made to a person by or on behalf of an institution responsible for abuse of the person are not (in whole or in part) relevant prior payments that reduce the institution's share of the costs of the redress payment to the person.
      A responsible institution's share of the costs of the counselling and psychological component of redress for abuse is either:
             (a) 100% if it is the only institution responsible for the abuse; or
             (b) proportional to the institution's share of the maximum amount of redress payment if more than one institution is responsible for the abuse.
      There are special rules to ensure that a defunct institution, partly‑participating institution or institution listed under section 164C of the Act for which a participating institution or participating jurisdiction is a funder of last resort is taken into account in working out all responsible institutions' shares of the maximum amount of redress payment and shares of the counselling and psychological component.
      There are special rules to ensure that an institution that is not responsible because it is ordered by a court to pay compensation or damages for abuse is taken into account in working out all responsible institutions' shares of the maximum amount of redress payment and shares of the counselling and psychological component.

Division 2—Requirements for working out institution's gross liability amount

Subdivision A—Introduction