Document ID: chunk:federal_register_of_legislation:C2024C00613:section:107
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 107
Character Range: 232298–234786

107  Simplified outline of this Part

      For a person to be eligible for redress, at least one participating institution, or at least one institution listed for a participating jurisdiction under section 164A, 164B or 164C, must be responsible for the abuse of the person.
      There are 4 types of institutions that are participating institutions. These are:
             (a) Commonwealth institutions (such as Commonwealth Departments and bodies established under Commonwealth law); and
             (b) State institutions (such as State Departments and certain bodies established under State law); and
             (c) Territory institutions (such as Territory Departments and certain bodies established under Territory law); and
             (d) non‑government institutions (such as churches or sporting clubs).
      While all Commonwealth institutions are participating institutions, State institutions, Territory institutions and non‑government institutions are only participating institutions if they agree to participate in the scheme and the Minister makes a declaration under section 115 that they are participating institutions.
      A defunct institution (which is a government or non‑government institution that no longer exists) can become a participating institution. However, it must have a representative in order to do so. The representative acts on the institution's behalf and assumes its obligations and liabilities under the scheme (such as the obligation to provide a direct personal response to a person and the liability to pay funding contribution).
      A lone institution (which is a non‑government institution that is not defunct and is not a member of a participating group) can also become a participating institution.
      A lone institution that is not a legal person (called an unincorporated lone institution) must also have a representative to become a participating institution. Its representative may act on its behalf and will assume its liability to pay funding contribution, but will not assume any of its obligations under the scheme.
      A lone institution that is a legal person (called an incorporated lone institution) may have a representative, but is not required to have one to become a participating institution. Its representative may act on its behalf, but will not assume any of its obligations or liabilities under the scheme.

Division 2—Institutions participating in the scheme

Subdivision A—Participating institutions