Document ID: chunk:federal_register_of_legislation:C2024C00613:section:145
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 145
Character Range: 271357–273648

145  The referred national redress scheme matters
 (1) The referred national redress scheme matters are the matters relating to a redress scheme for institutional child sexual abuse.
 (2) However, the following matters are not referred national redress scheme matters:
 (a) the matter of making a law to the extent that that law would operate to prevent or limit the power to establish, or to prevent or limit the operation of, any State redress mechanism, whether or not the mechanism deals with the same or similar subject matters as those dealt with in any aspect of the scheme;
 (b) the matter of making a law to the extent that that law would substantively remove or override a provision of this Act that requires the agreement of the State.
 (3) Paragraph (2)(a) does not cover any of the following matters (if they would otherwise be covered by subsection (1)):
 (a) any matter to which the initial referred provisions relate;
 (b) the matter of the release or discharge, in connection with the operation of the scheme, of relevant civil liability of institutions or officials;
 (c) the matter of the disclosure or use of evidence or other information provided or obtained in connection with the operation of the scheme;
 (d) the matter of the making, enforcement or protection (for example, protection against the operation of orders in the nature of garnishee orders) of payments in connection with the operation of the scheme.
 (4) A State redress mechanism is:
 (a) a scheme, program or arrangement (temporary or otherwise) established (before or after the commencement of the State's referral Act or adoption Act) by:
 (i) the Parliament or government of the State; or
 (ii) an institution (whether governmental or non‑governmental) or other entity;
  for or in respect of persons who have suffered institutional child sexual abuse in the State (whether applying only to any such persons or applying to any class of victims of crime) and any associated matters; or
 (b) the jurisdiction of a court or tribunal to grant compensation or support for or in respect of victims of crime (including crime relating to institutional child sexual abuse) and any associated matters.

Division 3—Participating jurisdictions providing counselling and psychological services under the scheme