{"id":"sa:national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018","name":"National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018","slug":"sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438047,"registerId":"sa:national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018-seed-1775954628692-pjqmvw","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018","content":"South Australia\nNational Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018\nAn Act to adopt the National Redress Act, and to refer certain matters relating to the National Redress Scheme for Institutional Child Sexual Abuse to the Parliament of the Commonwealth, for the purposes of section 51(xxxvii) of the Commonwealth Constitution, and to provide for related matters.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Adoption and referral\n4\tAdoption of the relevant version of the National Redress Act\n5\tAmendment reference\n6\tAmendment of National Redress Act\n7\tState redress mechanisms\n8\tRequirements for agreement of the State\n9\tTermination of adoption or amendment reference\n10\tEffect of termination of amendment reference before adoption\nPart 3—Miscellaneous\n11\tHow agreement of the State is given, withdrawn and evidenced\n12\tInformation sharing\n13\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nadoption means the adoption under section 4(1);\namendment reference means the reference under section 5(1);\nassent day means the day on which this Act is assented to by the Governor;\nexpress amendment of the National Redress Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the National Redress Act;\nNational Redress Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth as in force from time to time;\nNational Redress Scheme means the National Redress Scheme for Institutional Child Sexual Abuse as established by the National Redress Act and as in force from time to time;\nparticipating State institution means a participating State institution within the meaning of the National Redress Act;\nrelevant version of the National Redress Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth as originally enacted and as subsequently amended by any amendments enacted by the Parliament of the Commonwealth at any time before the assent day;\nState institution means a State institution within the meaning of the National Redress Act.\nPart 2—Adoption and referral\n4—Adoption of the relevant version of the National Redress Act\n\t(1)\tThe relevant version of the National Redress Act is adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth.\n\t(2)\tDespite subsection (1), the adoption has effect for, and for no longer than, the period—\n\t(a)\tbeginning when subsection (1) comes into operation; and\n\t(b)\tending at the beginning of the day fixed under this Part as the day on which the adoption is to terminate.\n5—Amendment reference\n\t(1)\tMatters relating to a redress scheme for institutional child sexual abuse are, except as provided by sections 7 and 8, referred to the Parliament of the Commonwealth, but only to the extent of making laws with respect to those matters by making express amendments of the National Redress Act.\n\t(2)\tThe amendment reference has effect only—\n\t(a)\tif and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth); and\n\t(b)\tif and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n\t(3)\tDespite subsection (1) and subject to section 10(2), the amendment reference has effect for, and for no longer than, the period—\n\t(a)\tbeginning when subsection (1) comes into operation; and\n\t(b)\tending at the beginning of the day fixed under this Part as the day on which the reference is to terminate.\n6—Amendment of National Redress Act\nIt is the intention of the Parliament of the State that the National Redress Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act—\n\t(a)\tby provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the amendment reference; and\n\t(b)\tby provisions of instruments made or issued under the National Redress Act or under provisions referred to in paragraph (a).\n7—State redress mechanisms\n\t(1)\tA State redress mechanism is—\n\t(a)\ta scheme, program or arrangement (temporary or otherwise) established (before or after the commencement of this Act) by—\n\t(i)\tthe Parliament or government of the State; or\n\t(ii)\tan institution (whether governmental or non-governmental) or other entity,\nfor or in respect of persons who have suffered institutional child sexual abuse in the State (whether applying only to any such persons or applying to any class of victims of crime) and any associated matters; or\n\t(b)\tthe jurisdiction of a court or tribunal to grant compensation or support for or in respect of victims of crime (including crime relating to institutional child sexual abuse) and any associated matters.\n\t(2)\tThe amendment reference does not include the matter of making a law to the extent that that law would operate to prevent or limit the power to establish, or to prevent or limit the operation of, any State redress mechanism, whether or not the mechanism deals with the same or similar subject-matters as those dealt with in any aspect of the National Redress Scheme.\n\t(3)\tSubsection (2) does not cover any of the following matters (if they would otherwise be covered by the amendment reference):\n\t(a)\tany matter to which the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth, as originally enacted, relates;\n\t(b)\tthe matter of the release or discharge, in connection with the operation of the National Redress Scheme, of relevant civil liability of institutions or officials;\n\t(c)\tthe matter of the disclosure or use of evidence or other information provided or obtained in connection with the operation of the National Redress Scheme;\n\t(d)\tthe matter of the making, enforcement or protection (for example, protection against the operation of orders in the nature of garnishee orders) of payments in connection with the operation of the National Redress Scheme.\n8—Requirements for agreement of the State\nThe amendment reference does not include the matter of making a law to the extent that that law would substantively remove or override a provision of the National Redress Act that requires the agreement of the State.\n9—Termination of adoption or amendment reference\n\t(1)\tThe Governor may, at any time, by proclamation, fix a day as the day on which—\n\t(a)\tthe adoption and the amendment reference are to terminate; or\n\t(b)\tthe amendment reference is to terminate; or\n\t(c)\tthe adoption is to terminate (if the amendment reference has been previously terminated).\n\t(2)\tThe Governor may, by proclamation (a revoking proclamation), revoke a proclamation published under subsection (1).\n\t(3)\tA revoking proclamation has effect only if published before the day fixed under subsection (1).\n\t(4)\tIf a revoking proclamation has effect the revoked proclamation is taken never to have been made for the purposes of sections 4(2) and 5(3).\n\t(5)\tA revoking proclamation does not prevent the making of a further proclamation under subsection (1).\n10—Effect of termination of amendment reference before adoption\n\t(1)\tIf the amendment reference terminates before the adoption, the termination of the amendment reference does not affect—\n\t(a)\tlaws that were made under that reference before that termination (whether or not they have come into operation before that termination); or \n\t(b)\tthe continued operation in the State of the National Redress Act as in operation immediately before that termination or as subsequently amended or affected by—\n\t(i)\tlaws referred to in paragraph (a) that come into operation after that termination; or\n\t(ii)\tprovisions referred to in section 6.\n\t(2)\tAccordingly, the amendment reference continues to have effect for the purposes of subsection (1) unless the adoption is terminated.\nPart 3—Miscellaneous\n11—How agreement of the State is given, withdrawn and evidenced\n\t(1)\tThe regulations may make provision for or with respect to, or (subject to any relevant provisions of the regulations) the Minister may give directions as to, how the agreement of the State is to be given or withdrawn and may be evidenced for the purposes of, and consistently with, this Act and the National Redress Scheme.\n\t(2)\tWithout limitation—\n\t(a)\tthe regulations or directions may authorise a person to give agreement on behalf of the State; and\n\t(b)\tthe agreement of the State to State institutions participating in the National Redress Scheme may be given in respect of—\n\t(i)\t1 or more particular State institutions; or\n\t(ii)\ta class of State institutions, however described.\n12—Information sharing\n\t(1)\tIn this section—\nOperator means the Operator within the meaning of the National Redress Act;\nState agency means the whole or part of a body (whether or not incorporated) established for a public purpose by or under a law of the State, whether or not it is a State institution or participating State institution, and includes a body or class of bodies prescribed by the regulations as being within this definition, but does not include a body or class of bodies prescribed by the regulations as not being within this definition.\n\t(2)\tA participating State institution may give information to the Operator for the purpose of complying with a request made by the Operator to the participating State institution under the National Redress Act to give information in relation to an application under the National Redress Scheme.\n\t(3)\tA State agency may give information to another State agency for the purpose of assisting any participating State institution to comply with a request made by the Operator to the participating State institution under the National Redress Act to give information as referred to in subsection (2).\n\t(4)\tNothing in a law of the State prevents—\n\t(a)\ta participating State institution from giving information to the Operator as referred to in subsection (2); or\n\t(b)\ta State agency from giving information to another State agency as referred to in subsection (3),\nunless that law is prescribed by the regulations under this Act.\n\t(5)\tA reference in this section to a participating State institution is a reference to a participating State institution that is, is part of or is connected with the State.\n13—Regulations\nThe Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2018\n15\nNational Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 \n27.9.2018\n22.11.2018 (Gazette 22.11.2018 p4011)\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling South Australia's participation in the National Redress Scheme through constitutional referral. The mechanisms for termination, state redress preservation, and information sharing are all ancillary to this core function. No significant scope creep is evident."},"complexity_factors":["Constitutional mechanism: relies on section 51(xxxvii) referral power, requiring understanding of federal-state constitutional arrangements","Temporal limitations: adoption and amendment reference have defined start and end periods with complex termination and revocation mechanics (sections 4, 5, 9, 10)","Nested exceptions: section 7 contains exceptions to the referral (preserving state redress mechanisms), with subsection (3) creating exceptions to those exceptions","Cross-referencing: heavy reliance on defined terms from the Commonwealth National Redress Act (\"participating State institution\", \"State institution\", \"Operator\")","Conditional operation: amendment reference only operates to the extent matters are not already within Commonwealth power (section 5(2))","8 defined terms in interpretation section, several incorporating external Commonwealth definitions"],"plain_english_summary":"This law adopts the Commonwealth National Redress Scheme into South Australian law and refers power to the Commonwealth so the federal Parliament can operate and amend the Scheme for survivors of institutional child sexual abuse in SA. It affects survivors, participating state institutions and the Scheme Operator by enabling information sharing and application processing. The State keeps its own redress/court options, must consent to some changes, and can withdraw by proclamation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act mechanically adopts the Commonwealth National Redress Act and refers specified amendment matters to the Commonwealth while expressly preserving State redress mechanisms and the State's ability to require agreement for certain provisions (ss4–8). It does not itself alter the substantive content of the National Redress Act; subsequent Commonwealth amendments or instruments (or a Governor's termination proclamation) can change operation per the Act's conditions (s6, s9, s10)."},"complexity_factors":["Use of a constitutional referral (s4(1), s5(1)) which ties State law-making to Commonwealth powers under s51(xxxvii)","Temporal limits and unilateral termination by Governor proclamation (s4(2), s5(3), s9)","Detailed carve-outs preserving State redress mechanisms and specific excluded matters (s7(2)–(3))","Requirement that some Commonwealth changes cannot remove or override State-agreement provisions (s8)","Cross-references to the Commonwealth National Redress Act and to future Commonwealth amendments and instruments (defs in s3, s6)","Regulation-making and Ministerial directions about how State agreement is given, withdrawn and evidenced (s11, s13)","Information‑sharing permissions and limits between participating State institutions, State agencies and the Operator (s12(2)–(4))","Continuity rules preserving laws made under the reference if the reference ends before adoption (s10)"],"plain_english_summary":"Adopts the Commonwealth National Redress Act into South Australian law and refers to the Commonwealth the power to make express amendments to that Act for matters relating to a redress scheme for institutional child sexual abuse (see ss4–6). It runs for a period the Governor fixes and can be ended by proclamation (s9).  It applies to State institutions and the State government (s3), preserves existing State redress mechanisms (s7), and protects provisions that require the State's agreement from being overridden without that agreement (s8)."}},"importantCases":[],"_links":{"self":"/api/acts/sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018","history":"/api/acts/sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018/history","analysis":"/api/acts/sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018/analysis","conflicts":"/api/acts/sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018/conflicts","importantCases":"/api/acts/sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018/important-cases","documents":"/api/acts/sa-national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-act-2018/documents"}}