26Payments that are not relevant prior payments

#### 26 Payments that are not relevant prior payments (1) For the purposes of step 3 of the redress payment method statement, this section prescribes, as not being relevant prior payments, payments that are paid to a person by, or on behalf of, a responsible institution in relation to abuse for which the responsible institution is responsible. (2) The subsections of this section do not limit one another. > Note: If one subsection provides that a payment is not a relevant prior payment, the payment is not a relevant prior payment even if another subsection would not prevent it from being a relevant prior payment. Kinds of payments that are never relevant prior payments (3) Each of the following payments is not a relevant prior payment (to any extent): (a) a payment under the Safety, Rehabilitation and Compensation Act 1988; (b) a payment under any of the following provisions of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988: (i) Part II (about compensation); (ii) Part III (about rehabilitation); (iii) Part XI (about the operation of that Act in relation to certain injuries and deaths); (c) a payment under any of the following provisions of the Military Rehabilitation and Compensation Act 2004: (i) Chapter 3 (about rehabilitation); (ii) Chapter 4 (about compensation for members and former members of the Australian Defence Force); (iii) Chapter 5 (about compensation for dependants of deceased members and former members of the Australian Defence Force); (iv) Chapter 5A (about family support for members and former members of the Australian Defence Force and related persons); (v) Chapter 6 (about treatment for injuries and diseases of members and former members of the Australian Defence Force); (vi) Chapter 11 (about miscellaneous matters); (d) a payment under any of Parts II, III, IIIA, IIIAA, IIIAB, IIID, IIIE, IIIF, IV, V, VA, VI, VIA, VIB, VII, VIIAA, VIIAB, VIIAD, VIID, VIIE, VIIF, VIIG and VIIH of the Veterans’ Entitlements Act 1986; (e) a payment under any of the following provisions of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006: (i) Part 2 (about treatment); (ii) Part 3 (about travelling expenses); (iii) Part 3A (about pharmaceutical supplement). Payment not a relevant prior payment so far as it is not in recognition of abuse or harm caused by abuse or it is attributable to expenses (4) A payment is not a relevant prior payment to the extent that: (a) it is not in recognition of: (i) the abuse; or (ii) harm caused by the abuse; or (b) it is reasonably attributable to: (i) expenses of medical, dental or other treatment; or (ii) any other expenses. > Note: Living expenses are an example of other expenses for the purposes of subparagraph (4)(b)(ii). Payment for non‑sexual abuse is not a relevant prior payment if the abuse is not covered by a set of abuse also covering sexual abuse (5) A payment to the person in relation to non‑sexual abuse for which the responsible institution is responsible is not a relevant prior payment (to any extent) if the non‑sexual abuse is not covered by a set of abuse that also covers sexual abuse of the person. Payment not a relevant prior payment to extent necessary to prevent double counting (6) A payment: (a) paid by the responsible institution on behalf of one or more other responsible institutions responsible for the abuse; or (b) paid on behalf of the responsible institution by another responsible institution responsible for the abuse; is not a relevant prior payment (for working out the responsible institution’s share of the costs of the redress payment) to the extent worked out using the following formula:  > Note: Because this subsection will operate separately in relation to each of the responsible institutions by, or on behalf of, which the payment was paid, it effectively splits the payment equally among all those institutions and thus prevents double counting of the payment.