Document ID: chunk:federal_register_of_legislation:C2024C00613:section:192:p1
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 192 (pt 1/2)
Character Range: 350018–352981

192  Review of the scheme

Second anniversary review
 (1) The Minister must cause a review of the operation of the scheme to be commenced as soon as possible after:
 (a) the second anniversary of the scheme start day; or
 (b) if, before the second anniversary, the rules prescribe a day that is after the second anniversary—that day.
 (2) The second anniversary review must consider the following matters:
 (a) the extent to which the States, participating Territories and non‑government institutions have opted into the scheme, including key facilitators and barriers to opting in;
 (b) the extent to which survivors who are eligible for redress under the scheme have applied for redress;
 (c) the extent to which redress has been provided to survivors who are entitled to redress under the scheme;
 (d) the application, assessment and decision‑making process, including user experiences of the process;
 (e) redress payments;
 (f) access to counselling and psychological services under the scheme;
 (g) the extent to which survivors access direct personal responses under the scheme, including factors influencing the uptake and experiences with the direct personal response process;
 (h) the availability of, and access to, support services under the scheme;
 (i) the implications of the scheme's design for survivors (including Indigenous and child migrant survivors, as well as survivors who are still children or who have a criminal conviction);
 (j) the operation of the scheme's funding arrangements (including a review of the scheme administration element of funding contribution);
 (k) the operation of the funder of last resort provisions;
 (l) the extent to which the scheme has been implemented as proposed in the National Redress Scheme Agreement;
 (m) the views of key stakeholders on the scheme (including representatives from survivor groups, non‑government institutions, advocacy groups, support services provider groups, the Independent Advisory Council, the Commonwealth, the States and the Territories);
 (n) the impact and effectiveness of section 37 (which is about the admissibility of certain documents in evidence in civil proceedings);
 (o) the question of whether an institution (the first institution) should be responsible for abuse that occurs in connection with another institution merely because the first institution regulates or funds the other institution or the other institution's activities;
 (p) the administration of this Act and the scheme;
 (q) any other matter relevant to the operation of this Act or the scheme.

Eighth anniversary review
 (3) The Minister must cause a review of the operation of the scheme to be commenced as soon as possible after:
 (a) the eighth anniversary of the scheme start day; or
 (b) if, before the eighth anniversary, the rules prescribe a day that is after the eighth anniversary—that day.
 (4) The eighth anniversary review must consider the following matters:
 (a) the matters referred