{"id":"sr:national-redress-scheme-institutional-child-sexual-abuse-commonwealth","name":"National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018","slug":"national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183694,"registerId":"vic-sr:national-redress-scheme-institutional-child-sexual-abuse-commonwealth-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018","content":"Version No. 001\n\n**National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018**\n\n**S.R. No. 138/2018**\n\nVersion as at  \n1 October 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definition 1\n\n5 Prescribed laws 2\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Amendments Not in Operation 7\n\n4 Explanatory details 8\n\n**Version No.** **001**\n\n**National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018**\n\n**S.R. No. 138/2018**\n\nVersion as at  \n1 October 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe information sharing provisions for the purposes of the **National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 12 of the **National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 October 2018.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act*** means the **National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018**.\n\n\t5 Prescribed laws\n\nThe following provisions are prescribed laws for the purposes of section 10(4) of the Act—\n\n(a) sections 41, 124, 191, 209 and 213 of the **Children, Youth and Families Act 2005**;\n\n(b) section 140 of the **Confiscation Act 1997**;\n\n(c) section 330 of the **Crimes Act 1958**;\n\n(d) section 30 of the **Crimes (Assumed Identities) Act 2004**;\n\n(e) section 36 of the **Crimes (Controlled Operations) Act 2004**;\n\n(f) sections 84 and 85 of the **Criminal Organisations Control Act 2012**;\n\n(g) section 63D of the **Health Services Act 1988**;\n\n(h) sections 40 and 44 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(i) sections 43, 83 and 115 of the **Inquiries Act 2014**;\n\n(j) sections 20 and 68 of the **Major Crime (Investigative Powers) Act 2004**;\n\n(k) section 140 of the **Mental Health Act 2014**;\n\n(l) sections 25B, 26A and 26F of the **Ombudsman Act 1973**;\n\n(m) sections 52, 53, 74 and 81 of the **Protected Disclosure Act 2012**;\n\n(n) section 48B of the **Public Health and Wellbeing Act 2008**;\n\n(o) section 17 of the **Public Interest Monitor Act 2011**;\n\n(p) section 64 of the **Sex Offenders Registration Act 2004**;\n\n(q) sections 9C, 11, 12, 24 and 30E of the **Surveillance Devices Act 1999**;\n\n(r) section 22 of the **Telecommunications (Interception) (State Provisions) Act 1988**;\n\n(s) sections 13ZJ, 37 and 37A of the **Terrorism (Community Protection) Act 2003**;\n\n(t) sections 33, 34, 35 and 39 of the **Victorian Inspectorate Act 2011**;\n\n(u) section 10 of the **Witness Protection Act 1991**.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018, S.R. No. 138/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 12 of the **National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018**, No. 21/2018 and came into operation on 1 October 2018: regulation 3.\n\nThe National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018 will sunset 10 years after the day of making on 25 September 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: prescribing information sharing provisions to support the National Redress Scheme. The scope has not expanded beyond this technical, facilitative function."},"complexity_factors":["Only 5 regulations total, with minimal text","Single defined term ('the Act')","No conditional logic, exceptions, or nested provisions","Regulation 5 is a simple list of legislative citations without operational complexity","No cross-references beyond the parent Act and the listed Victorian statutes","Straightforward commencement and objective provisions"],"plain_english_summary":"This is a short, technical piece of Victorian legislation that supports the National Redress Scheme for survivors of institutional child sexual abuse.\n\n**What it does:**\nThe Regulations list specific Victorian laws that contain **information sharing provisions** (rules that allow government agencies to share personal information with each other). By prescribing these laws, the Regulations allow information to be shared between Victorian agencies and the Commonwealth (federal) government for the purposes of the National Redress Scheme.\n\n**Why this matters:**\nThe National Redress Scheme provides compensation, counselling and a direct personal response (an apology or acknowledgment from the responsible institution) to survivors of child sexual abuse that happened in institutions like schools, churches, or care homes. To process applications, the Scheme often needs access to records held by Victorian government departments—such as child protection files, police records, or health information. These Regulations create the legal pathway for that sharing to happen lawfully.\n\n**Who it affects:**\n- **Survivors** applying to the National Redress Scheme, whose records may need to be accessed to verify their claims\n- **Victorian government agencies** listed in the Regulations (including child protection, police, health departments, and anti-corruption bodies)\n- **The Commonwealth** operators of the National Redress Scheme\n\n**Key point:**\nThis is essentially a \"permission slip\" listing which Victorian secrecy laws can be overridden to allow information sharing with the federal Redress Scheme. It covers 21 different Victorian Acts, ranging from child protection and crime investigation laws to mental health and witness protection legislation."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations implement the Act's prescribing power (reg 2) by listing statutory provisions for the purposes of s10(4) (reg 5). They do not themselves expand or narrow the substantive redress powers in the parent Act but identify which Victorian provisions authorise information‑sharing for the Scheme."},"complexity_factors":["Extensive cross‑references: regulation 5 lists numerous provisions across multiple Acts, so practical effect depends on interpreting those external statutes.","Dependence on the parent Act: operation relies on section 10(4) of the National Redress Scheme (the regulations only prescribe which laws qualify).","Limited procedural detail: the instrument prescribes which laws but not administrative processes, leaving implementation and discretion to agencies and other instruments.","Interpretative overlay: endnotes reference the Interpretation of Legislation Act formatting rules which affect how provisions are read.","Temporal limitation: Endnotes record a 10‑year sunset (25 Sep 2028), creating a time‑bound scope for the prescriptions."],"plain_english_summary":"These regulations identify which Victorian statutory provisions are to be treated as \"prescribed laws\" for section 10(4) of the National Redress Scheme for Institutional Child Sexual Abuse (so that information can be shared into the Scheme). They commence on 1 October 2018 (regs 2–3). \n\nThey affect Victorian agencies and bodies governed by the listed provisions (reg 5) by clarifying when records and investigative material may lawfully be provided to the National Redress Scheme, thereby defining legal pathways for information‑sharing into the Scheme."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence that the scope of these regulations changed from their original intent. The document shows version history indicating an 'as made' version and a 'consolidated version', which is standard for regulations that may have been technically amended, but no substantive scope change can be identified from the content provided."},"complexity_factors":["Involves cooperative federalism — the complex interaction between Commonwealth and state/territory legislative powers under the Australian Constitution","Regulations sit beneath and depend on understanding of the parent Act (National Redress Scheme for Institutional Child Sexual Abuse Act 2018), adding an interpretive layer","The 'referral of powers' mechanism (states handing legislative authority to the Commonwealth) is a legally technical concept unfamiliar to most laypeople","Extremely limited substantive text provided — the document consists almost entirely of version history and metadata, making it impossible to assess the true regulatory content","Subject matter (child sexual abuse redress) intersects with sensitive administrative, compensation, and institutional accountability frameworks"],"plain_english_summary":"These regulations set out the legal rules that let the Commonwealth operate the National Redress Scheme for survivors of institutional child sexual abuse across states and territories. They affect survivors seeking redress, institutions covered by the Scheme, and state/territory governments that referred powers to the Commonwealth.\n\nThey matter because they provide the cooperative legal framework ensuring a single, enforceable national scheme — though the supplied document contains mostly administrative metadata rather than substantive regulatory detail."}},"importantCases":[],"_links":{"self":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018","history":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018/history","analysis":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018/analysis","conflicts":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018/conflicts","importantCases":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018/important-cases","documents":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulations-2018/documents"}}