Document ID: chunk:federal_register_of_legislation:C2024C00613:section:63:p1
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 63 (pt 1/2)
Character Range: 131502–134315

63  Special assessment of applicants with serious criminal convictions
 (1) This section applies if:
 (a) a person makes an application under section 19 for redress for abuse of the person; and
 (b) before or after making the application, the person is sentenced to imprisonment for 5 years or longer for an offence against a law of the Commonwealth, a State, a Territory or a foreign country.
 (2) For the purposes of subsection 12(4), the person is not entitled to redress under the scheme if:
 (a) the sentence mentioned in paragraph (1)(b) of this section is for any of the following offences:
 (i) unlawful killing, attempting to commit an unlawful killing, or conspiring to commit an unlawful killing;
 (ii) a sexual offence or an offence that includes the intention to commit a sexual offence;
 (iii) a terrorism offence within the meaning of the Crimes Act 1914;
 (iv) an offence against a law of a State, a Territory or a foreign country that the Operator is satisfied is substantially similar to a terrorism offence within the meaning of the Crimes Act 1914; or
 (b) the Operator has determined under subsection (2B) of this section that the person should undergo a special assessment process;
unless there is a determination in force under subsection (5) of this section that the person is not prevented from being entitled to redress.

Consideration of whether person should undergo a special assessment process
 (2A) As soon as practicable after becoming aware of the person's sentence, and if paragraph (2)(a) does not apply, the Operator must consider whether the person should undergo a special assessment process.
 (2B) The Operator may determine that the person should undergo a special assessment process if the Operator considers there are exceptional circumstances that make it likely that providing redress to the person under the scheme may bring the scheme into disrepute or adversely affect public confidence in, or support for, the scheme.
 (2C) When making a determination under subsection (2B), the Operator may have regard to the matters set out in paragraphs 63(6)(b) to (f).

Special assessment process
 (3) If:
 (aa) the person's sentence is for an offence covered by paragraph (2)(a); or
 (ab) the Operator has determined under subsection (2B) that the person should undergo a special assessment process;
the Operator must, as soon as practicable after becoming aware of the sentence or making the determination:
 (a) consider whether to make a determination under subsection (5); and
 (b) give a written notice under subsection (4) to each of the following (a specified advisor):
 (i) if the abuse of the person occurred inside a participating State or a participating Territory—the Attorney‑General of the State or Territory, or another person nominated by that Attorney‑General