(1) A "State redress
mechanism" is—
(a) a
scheme, program or arrangement (temporary or otherwise) established (before or
after the commencement of this Act) by—
(i)
the Parliament or government of the State; or
(ii)
an institution (whether governmental or non-governmental)
or other entity,
for or in respect of persons who have suffered institutional child sexual
abuse in the State (whether applying only to any such persons or applying to
any class of victims of crime) and any associated matters; or
(b) the
jurisdiction of a court or tribunal to grant compensation or support for or in
respect of victims of crime (including crime relating to institutional child
sexual abuse) and any associated matters.
(2) The amendment
reference does not include the matter of making a law to the extent that that
law would operate to prevent or limit the power to establish, or to prevent or
limit the operation of, any State redress mechanism, whether or not the
mechanism deals with the same or similar subject-matters as those dealt with
in any aspect of the National Redress Scheme.
(3)
Subsection (2) does not cover any of the following matters (if they would
otherwise be covered by the amendment reference):
(a) any
matter to which the National Redress Scheme for Institutional Child Sexual
Abuse Act 2018 of the Commonwealth, as originally enacted, relates;
(b) the
matter of the release or discharge, in connection with the operation of the
National Redress Scheme, of relevant civil liability of institutions or
officials;
(c) the
matter of the disclosure or use of evidence or other information provided or
obtained in connection with the operation of the National Redress Scheme;
(d) the
matter of the making, enforcement or protection (for example, protection
against the operation of orders in the nature of garnishee orders) of payments
in connection with the operation of the National Redress Scheme.