4B

4B Eligibility of certain child migrants from the United Kingdom and Malta

(1) For the purposes of subsection 13(2) of the Act, a person is also eligible for redress under the scheme if: (a) the person was sexually abused; and (b) the sexual abuse is within the scope of the scheme; and (c) the sexual abuse is of a kind for which the maximum amount of redress payment that could be payable to the person (as worked out under the assessment framework) would be more than nil; and (d) one or more of the following are responsible for the abuse: (i) a participating institution; (ii) an institution that is listed for a participating jurisdiction under section 164A, 164B or 164C of the Act (if a participating jurisdiction is an eligible funding jurisdiction for the institution in relation to the abuse); and (e) subsection (2) applies to the person. (2) This subsection applies to 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.

Note 1: Section 14 of the Act defines when the abuse of a person is within the scope of the scheme.

Note 2: Section 15 of the Act defines when an institution is responsible for abuse.