{"id":"F2018L00969","name":"National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018","slug":"national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97654,"registerId":"commonwealth-F2018L00969-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Assessment Framework 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 32 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) counselling and psychological component;\n (b) non‑sexual abuse;\n (c) redress payment;\n (d) related;\n (e) sexual abuse.\n In this instrument:\n\n> Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.\n\n> contact abuse: relevant sexual abuse of a person is contact abuse if:\n\n (a) any of that abuse involved physical contact with the person by someone else or by an object used by someone else (even if the rest of that abuse did not); and\n (b) none of that abuse involved penetration of the person.\n\n> exposure abuse: relevant sexual abuse of a person is exposure abuse if none of that abuse involved physical contact with the person (whether involving penetration of the person or not) by someone else or an object used by someone else.\n\n> extreme circumstances: sexual abuse of a person occurred in extreme circumstances if:\n\n (a) the abuse was penetrative abuse; and\n (b) taking into account:\n (i) whether the person was institutionally vulnerable; and\n (ii) whether there was related non‑sexual abuse of the person;\n it would be reasonable to conclude that the sexual abuse was so egregious, long‑term or disabling to the person as to be particularly severe.\n\n> institutionally vulnerable: a person who suffered sexual abuse was institutionally vulnerable if, having regard to the following matters relating to the responsible institution for the abuse and the time of the abuse, it would be reasonable to conclude that the person’s living arrangements at the time increased the risk of sexual abuse of the person occurring:\n\n (a) whether the person lived in accommodation provided by the institution;\n (b) whether the institution was responsible for the day‑to‑day care or custody of the person;\n (c) whether the person had access to relatives or friends who were not in the day‑to‑day care or custody of the institution;\n (d) whether the person was reasonably able to leave the day‑to‑day care or custody of the institution;\n (e) whether the person was reasonably able to leave the place where the activities of the institution took place.\n\n> penetrative abuse: relevant sexual abuse of a person is penetrative abuse if any of that abuse involved penetration of or by the person (even if the rest of that abuse did not).\n\n> relevant sexual abuse of a person means all of the sexual abuse of the person within the scope of the scheme for which one or more participating institutions are responsible (even if one or more participating institutions are responsible for some of that abuse and one or more other participating institutions are responsible for the rest of the abuse).","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Amount of redress payment","content":"## Part 2—Amount of redress payment","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Amount of redress payment","content":"#### 5 Amount of redress payment\n\n (1) The amount of a redress payment for a person is worked out using the following table as described in subsection (2):\n\n```html\n

Amount of redress payment

Column 1

Kind of sexual abuse of the person

Column 2

Recognition of sexual abuse and its impact

Column 3

Recognition of related non‑sexual abuse

Column 4

Recognition person was institutionally vulnerable

Column 5

Recognition of extreme circumstances of sexual abuse

1

Penetrative abuse

$90,000

$5,000

$5,000

$50,000

2

Contact abuse

$40,000

$5,000

$5,000

Nil

3

Exposure abuse

$10,000

$5,000

$5,000

Nil

\n```\n\n> Note 1: Only one item of the table can be relevant to a person. This is because an item covers all relevant sexual abuse of the person.\n\n> Note 2: The amount of the redress payment is also affected by section 30 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and the rules made for the purposes of that section.\n\n (2) Total:\n (a) the amount in column 2 of the item of the table relevant to the sexual abuse of the person; and\n (c) if there was non‑sexual abuse of the person that was related to the sexual abuse—the amount in column 3 of that item; and\n (d) if the person was institutionally vulnerable—the amount in column 4 of that item; and\n (e) if the sexual abuse occurred in extreme circumstances—the amount (if any) in column 5 of the item.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Amount of counselling and psychological component of redress","content":"## Part 3—Amount of counselling and psychological component of redress","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Amount of counselling and psychological component of redress","content":"#### 6 Amount of counselling and psychological component of redress\n\n The amount of the counselling and psychological component of redress for a person is worked out using the following table:\n\n```html\n

Amount of the counselling and psychological component of redress

Column 1

Kind of sexual abuse of the person

Column 2

Amount of the component

1

Penetrative abuse

$5,000

2

Contact abuse

$2,500

3

Exposure abuse

$1,250

\n```","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument does not alter who is within the Scheme; it provides the monetary schedule and definitional tests the Scheme must use to calculate payments. It relies on eligibility and other scope-defining terms set in the Act (see s4 note and ss5–6) and contains no provision that expands or narrows coverage beyond those Act definitions."},"complexity_factors":["Multiple defined technical categories (penetrative, contact, exposure, institutionally vulnerable, extreme circumstances) that determine which table item applies (s4; s5).","Arithmetic composition of final payment from several columns that may stack (column 2 plus optional columns 3–5) requiring cross-checking (s5(2)).","Cross-references to the main Act and to section 30 and subordinate rules that can change amounts or application (s5 note 2).","Subjective decision points: tests framed as what it would be “reasonable to conclude” (definitions of institutionally vulnerable and extreme circumstances), which create room for judgment by decision-makers (s4).","Exclusive coverage rule: only one table item can be relevant because each item covers all relevant sexual abuse of the person (s5 note 1), requiring a global factual assessment.","Separate fixed schedule for counselling and psychological component with different brackets, requiring parallel application of two tables (s6)."],"plain_english_summary":"This instrument prescribes the formula and fixed dollar amounts used to calculate redress payments and the counselling and psychological component under the National Redress Scheme. It classifies abuse into penetrative, contact or exposure categories and allows additional amounts for related non‑sexual abuse, institutional vulnerability and extreme circumstances (ss4–6).\n\nMechanically, the tables make payment sizes formulaic and predictable; the scheme applies them and must also follow section 30 of the Act and any rules. Some determinations turn on subjective “reasonable to conclude” tests in the definitions, creating discrete discretionary decisions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original intended purpose as a subsidiary legislative instrument made under section 32 of the parent Act. It provides the specific monetary assessment framework that the Act contemplated, without expanding beyond the statutory scheme for calculating redress payments and counselling components. The scope remains tightly confined to the technical implementation of payment calculations."},"complexity_factors":["Multiple defined terms with nested definitions (7 defined terms in section 4, including cross-references to the parent Act)","Multi-factorial assessment requiring evaluation of 5 separate criteria (abuse type, non-sexual abuse, institutional vulnerability, extreme circumstances, plus counselling component)","Conditional logic with interdependencies — extreme circumstances payment only available for penetrative abuse (structural exclusion in table)","Requires external reference to parent Act (National Redress Scheme for Institutional Child Sexual Abuse Act 2018) for complete understanding of scope and limitations","Tabular presentation with 5 columns and 3 rows creating matrix-style calculation requirements","Subjective assessment criteria ('reasonable to conclude', 'egregious', 'particularly severe') requiring discretionary judgment"],"plain_english_summary":"The law sets a clear payment framework for survivors of institutional child sexual abuse under Australia’s National Redress Scheme, with tiered redress amounts tied to the nature and severity of abuse plus additional uplift for related non‑sexual harm, institutional vulnerability and an “extreme circumstances” top‑up. It also allocates separate counselling funding.\n\nIt affects survivors who apply to the Scheme and turns broad promises of redress into concrete dollar outcomes reflecting differing impacts of abuse."}},"importantCases":[],"_links":{"self":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018","history":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018/history","analysis":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018/analysis","conflicts":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018/conflicts","importantCases":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018/important-cases","documents":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-assessment-framework-2018/documents"}}