10Responsibility for abuse of certain child migrants from the United Kingdom and Malta

#### 10 Responsibility for abuse of certain child migrants from the United Kingdom and Malta (1) For the purposes of subsections 15(5) and (6) of the Act, this section applies to abuse of a person if: (a) the person arrived in Australia before 1984 as a child who was sent from the United Kingdom or Malta by an institution and, when the person arrived in Australia, there were not any other members of the person’s family in Australia except one or more children; and (b) either: (i) the person was sent to Australia under a scheme carried out under the Empire Settlement Act 1922 (United Kingdom); or (ii) the person became a ward under the National Security (Overseas Children) Regulations or the Immigration (Guardianship of Children) Act 1946; and (c) the person became a ward of a participating State or participating Territory; and (d) the abuse occurred while the person was a ward of the State or Territory. (2) The following institutions are all equally responsible for the abuse of the person (with their shares of the maximum amount of any redress payment for the abuse set out in subsection 21(2) or 25(2)): (a) the Department administered by the Minister administering section 6 of the Immigration (Guardianship of Children) Act 1946; (b) the State institution or Territory institution that, when the abuse occurred, had responsibility for the person as a ward of the jurisdiction the institution belongs to; (c) each institution that: (i) would have been responsible for the abuse apart from this section; and (ii) is not covered by paragraph (a) or (b). > Note 1: Although the institutions mentioned in this subsection are equally responsible, special rules in subsections 21(2) and 25(2) for working out each institution’s share of the maximum amount of a redress payment ensure Commonwealth institutions are not liable for more than half of the governmental part of that amount. Those rules also indirectly have a similar effect on Commonwealth institutions’ shares of the costs of the counselling and psychological component and Commonwealth institutions’ liabilities for funding contribution. > Note 2: Under subsection 15(1) of the Act, an institution that, because of this section, is equally responsible for the abuse of the child is also responsible for the abuse. (3) If, apart from this section, an institution would be responsible for the abuse, the institution is not primarily responsible or equally responsible for the abuse, except under subsection (2).