National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 (9 of 2024)

Schedule 1   Amendments to existing processes

Part 3   Protected information

Division 1   Main amendments

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

11   After section 95A

Insert:

95B Additional authorisation - Operator disclosing to applicant that institution is not participating in the scheme

(1) The Operator may disclose to a person that a non-government institution is not a participating institution if:

(a) either or both of the following apply:

(i) the person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;

(ii) the Operator has reasonable grounds to believe that the institution may be connected with abuse of the person that is within the scope of the scheme; and

(b) the institution is not a participating institution or a partly-participating institution.

(2) The Operator may also disclose to the person any of the matters set out in paragraphs 95A(2)(c) to (i) that are applicable.

(3) To avoid doubt, the Operator may disclose information under this section even if the information is protected information.

(4) In making a disclosure to the person under this section, the Operator must not disclose the identity of any other person who:

(a) has applied for redress under the scheme; or

(b) the Operator has reasonable grounds to believe may have been abused.