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.

Note 1:       The requirements are modified by section 28 if the Operator has made a determination under paragraphs 29(2)(i) to (m) of the Act that a participating institution or participating jurisdiction is the funder of last resort for a defunct institution, partly-participating institution or institution listed under section 164C of the Act in relation to the abuse. The modifications apply for working out the amount of every responsible institution’s share (even the share of a responsible institution other than the participating government institution).

Note:          This is consistent with the approach taken in sections 165 and 165A of the Act for working out the participating institution’s or participating jurisdiction’s liabilities but ensures that a similar approach is taken when working out the liabilities of all institutions that the Operator has determined were responsible (because under this Part the liabilities of each of those institutions are affected by how many participating institutions and responsible institutions there are and amounts worked out for the rest of those institutions).

Note 3:       Institutions that are listed for a participating jurisdiction under sections 164, 164A, 164B or 164C of the Act are not released from civil liability under section 43 of the Act.

Note 2:       Sections 35 and 35A of the Act require institutions and funders of last resort specified in the determination to be given notice too.

Note:          If the outcome is that the determination is varied or substituted, section 79 of the Act requires each participating institution, partly-participating institution, funder of last resort or representative for a participating group specified in the determination, as varied or substituted, to be given notice of that fact.

This Part explains how to work out an institution’s or funder of last resort’s contribution to the costs of the administration of the scheme for a quarter.

Also, this Part requires written agreement, and written withdrawal of agreement, by the Commonwealth or a participating Territory to the listing of a defunct institution, partly-participating institution or institution listed under section 164C of the Act as one for which the Commonwealth or Territory will be a funder of last resort.

             (4)  Subsection (5) of this section applies in relation to a redress payment for abuse of a person if the Operator has made a determination under paragraphs 29(2)(i) to (m) of the Act that a participating government institution is the funder of last resort for a defunct institution, partly-participating institution or institution listed under section 164C of the Act in relation to the abuse.

                    (a)  the defunct institution, partly-participating institution or institution listed under section 164C of the Act were a liable participating institution; and

                    (b)  the defunct institution’s, partly-participating institution’s or institution listed under section 164C of the Act’s gross liability amount were the amount worked out under step 2 of the redress payment method statement when applying it in accordance with paragraph 165(2)(a) and subsection 165A(2) of the Act.

                    For the purposes of subsections 164(3) and 164A(3) and paragraphs 164B(3)(a) and 164C(3)(b) of the Act, an agreement by the Commonwealth or a participating Territory to the listing an institution for the jurisdiction is to be in writing.

                    For the purposes of paragraphs 164(6)(b) and 164A(6)(b) and subparagraphs 164B(6)(b)(i) and 164C(6)(b)(i) of the Act, a withdrawal by the Commonwealth or a participating Territory of its agreement to the listing for the jurisdiction to be in writing.