Part 5Participating institutions, participating groups and participating jurisdictions

Chapter 5—Participating institutions, participating groups and participating jurisdictions Part 5‑1—Participating institutions 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 108  What is a participating institution?   An institution is a participating institution under the scheme if it is:  (a) a Commonwealth institution; or  (b) a participating State institution; or  (c) a participating Territory institution; or  (d) a participating non‑government institution. Note: A partly‑participating institution is not a participating institution (see paragraph 164B(1)(b)). Subdivision B—Commonwealth institutions 109  What is a Commonwealth institution?  (1) An institution is a Commonwealth institution if:  (a) it is or was part of the Commonwealth; or  (b) it is or was a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or  (c) it is or was a wholly‑owned Commonwealth company; or  (d) it is or was a body (whether or not incorporated) established by or under a law of the Commonwealth; or  (e) the rules prescribe that it is a Commonwealth institution.  (2) However, an institution is not a Commonwealth institution if:  (a) it is a body politic that is a participating Territory, or is or was part of a body politic that is a participating Territory; or  (b) it is or was a body corporate (other than a wholly‑owned Commonwealth company) that is or was registered under the Corporations Act 2001 (including a body corporate taken to be registered under that Act because of the operation of Chapter 10 of that Act (which is about transitional provisions)); or  (c) the rules prescribe that it is not a Commonwealth institution.  (3) Rules made for the purposes of paragraph (1)(e) or (2)(c) may prescribe that an institution is, or is not, a Commonwealth institution in relation to a period specified by the rules. Subdivision C—Participating State institutions 110  What is a participating State institution?   An institution is a participating State institution if:  (a) it is a State institution; and 111  What is a State institution?  (1) An institution is a State institution if:  (a) it is or was part of a State; or  (b) it is or was a body (whether or not incorporated) established for a public purpose by or under a law of a State; or  (c) the rules prescribe that it is a State institution.  (2) However, an institution is not a State institution if the rules prescribe that it is not a State institution.  (3) Rules made for the purposes of paragraph (1)(c) or subsection (2) may prescribe that an institution is, or is not, a State institution in relation to a period specified by the rules. Subdivision D—Participating Territory institutions 112  What is a participating Territory institution?   An institution is a participating Territory institution if:  (a) the institution is a Territory institution; and 113  What is a Territory institution?  (1) An institution is a Territory institution if:  (a) it is or was part of a participating Territory; or  (b) it is or was a body (whether or not incorporated) established for a public purpose by or under a law of a participating Territory; or  (c) the rules prescribe that it is a Territory institution.  (2) However, an institution is not a Territory institution if the rules prescribe that it is not a Territory institution.  (3) Rules made for the purposes of paragraph (1)(c) or subsection (2) may prescribe that an institution is, or is not, a Territory institution in relation to a period specified by the rules. Subdivision E—Participating non‑government institutions