At national school law conferences last year, David Ford noted
that it was not clear whether Australian Government financial
assistance could be used to meet the costs associated with
belonging to the National Redress Scheme or to making payments
under it without putting the receipt of ongoing financial
assistance at risk. He also noted that, under state legislation, it
was difficult to know with any certainty whether joining the
Redress Scheme and making payments pursuant to it could cause a
school to operate for profit and therefore put its government
funding at risk. Looking at the NSW legislation – the
infamous section 83C – one could argue that joining the
Scheme and making payments pursuant to it were part of the
school's operations. However, the NSW Guidelines issued in
December 2018 and again in June 2019 said nothing about the Scheme
and, on their face, suggested that joining the Scheme, which is
voluntary, and then making payments which, although not
