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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 43

Effect of acceptance on civil liability

    If a person accepts an offer of redress in accordance with section   42, then, at the time the person gives the acceptance and by force of this section:

  (a)   the person releases and forever discharges every released institution or official from civil liability for abuse of the person that is within the scope of the scheme; and

  (b)   the person cannot (whether as an individual, a representative party or a member of a group) bring or continue civil proceedings against a released institution or official in relation to that abuse; and

  (c)   the release and discharge of civil liability of a released institution or official for that abuse does not:

  (i)   release or discharge another institution or person from civil liability for that abuse; and

  (ii)   prevent the person (whether as an individual, a representative party or a member of a group) from bringing or continuing civil proceedings against another institution or person in relation to that abuse; and

  (d)   if a released institution or official would, apart from this section, be liable to make a contribution to another institution or person in relation to damages payable to the person in civil proceedings brought or continued by the person (whether as an individual, a representative party or a member of a group) against the other institution or person in relation to that abuse, then:

  (i)   the released institution or official is released and forever discharged from liability to make that contribution; and

  (ii)   the amount of damages payable to the person in those proceedings is reduced by the amount of that contribution.



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