4Definitions

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) counselling and psychological component;
(b) non‑sexual abuse;
(c) redress payment;
(d) related;
(e) sexual abuse.

In this instrument:

Act means the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

contact abuse: relevant sexual abuse of a person is contact abuse if:

(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
(b) none of that abuse involved penetration of the person.

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.

extreme circumstances: sexual abuse of a person occurred in extreme circumstances if:

(a) the abuse was penetrative abuse; and
(b) taking into account:
(i) whether the person was institutionally vulnerable; and
(ii) whether there was related non‑sexual abuse of the person;
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.

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:

(a) whether the person lived in accommodation provided by the institution;
(b) whether the institution was responsible for the day‑to‑day care or custody of the person;
(c) whether the person had access to relatives or friends who were not in the day‑to‑day care or custody of the institution;
(d) whether the person was reasonably able to leave the day‑to‑day care or custody of the institution;
(e) whether the person was reasonably able to leave the place where the activities of the institution took place.

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).