Financial redress and criminal record checks

If you are seeking financial redress, you will be asked to complete a Serious Offender Declaration. This is a form used to support a criminal record check.

Having a criminal conviction history does not stop you from making a State redress claim or receiving non-financial redress.

Only certain serious violent, sexual, and firearms convictions are considered as part of this criminal record check.

On this page you can find information about:

• why this information is needed

• what happens during the criminal record check process

• how your information is used and protected

• what support is available

• what happens if these requirements apply to you.

The Serious Offender Declaration 

A Serious Offender Declaration is a form used to support the criminal conviction history checking process for financial redress.

If you are seeking financial redress, you will be asked to:

• complete a Serious Offender Declaration
• agree to a criminal record check.

After your redress claim has been confirmed as eligible, the redress agency you are working with will:

• explain the process

• answer any questions you may have

• provide the forms you need

Why this information is needed 

The law requires certain criminal convictions to be considered when financial redress is assessed.

The criminal record check helps determine whether the law applies to your circumstances.

For people making a claim

Having a criminal conviction history does not stop you from making a claim and receiving non-financial redress.

Only certain offences are considered as part of this criminal record check. Examples include:

• aggravated robbery

• murder

• manslaughter

• intent to injure or cause grievous bodily harm

• abduction

• kidnapping

• poisoning
• infecting with disease

If you need help understanding this

The redress agency you are working with can explain the process and answer any questions you may have.

When the criminal record check takes place 

The criminal conviction history checking process takes place after your claim has been confirmed as eligible. 

The criminal conviction history checking process must be completed before financial redress can be considered.

How the criminal record check process works

Step 1: Complete the required forms

The redress agency you are working with will provide the forms you need to complete.

You will also need to provide identification (ID). If you do not have identification, the agency can help confirm your identity.

If you do not complete and submit the required forms, your application for financial redress cannot progress.

Step 2: Information is checked

The Special Assessment Unit is the specialist team responsible for carrying out the criminal conviction history assessment.

The Special Assessment Unit collects the information needed to complete the criminal conviction history assessment. This may include information held by:

• the Ministry of Justice

• sentencing courts, where relevant

Step 3: Information is assessed

The Special Assessment Unit reviews the information and decides whether the serious offender provisions may apply to your circumstances.

The redress agency you are working with does not receive information about your criminal conviction history.

The agency is only told:

• whether the serious offender provisions apply

• what next steps are required

Step 4: Your claim continues

If you have claims with more than one redress agency, you only need to complete the Serious Offender Declaration once. 

You can: 

• share the completed declaration with all agencies yourself, or

• ask for it to be shared on your behalf

How your information is protected 

Information collected as part of the criminal conviction history checking process is only used for purposes required under redress system legislation.

Only people who need the information to do their job can access it.

The information is protected under privacy laws and information-sharing requirements.

You need to tell us about new convictions 

If you are convicted of a violent, sexual, or firearms offence after applying for financial redress, but before redress is granted, you must tell the agency responsible for your claim as soon as possible.

The agency will explain:

• what information is needed
• whether the conviction may affect the financial redress process

How criminal convictions may affect financial redress

Every person's circumstances are different.

Having a criminal conviction history does not stop you from making a State redress claim or receiving non-financial redress.

However, some convictions may affect whether you are eligible for financial redress.

For people making a claim

If these legal provisions apply to you:

• the process will be explained to you

• you will have an opportunity to provide relevant information

• you may ask for the decision to be reviewed by the independent redress officer

You will still be able to receive other forms of non-financial redress, including:

• a personalised apology

• wellbeing support

• assistance accessing care records

Support for people with exceptional circumstances

Some people may need additional support to take part in this process.

This may include people who are:

• seriously unwell

• terminally ill

• experiencing significant mental distress

There may also be other circumstances that affect a person's ability to participate.

If this applies to you, please let the agency managing your claim know.

They will explain what support may be available and what options can be considered as part of managing your claim.

Review by the independent redress officer

If the assessment finds that the serious offender provisions may apply to you, you can ask for the decision to be reviewed by the independent redress officer.

The agency managing your claim can:

• explain the review process

• answer your questions
• arrange a referral to the redress officer

About the redress officer

The redress officer is an independent decision maker.

They are appointed under the Redress System for Abuse in Care Act 2026. They must have significant legal experience and expertise relevant to the role. This includes deciding whether an exemption should apply because a person has a terminal illness.

The redress officer’s role is to decide whether a person who is subject to the serious offender provisions should be eligible for financial redress under current State redress legislation.

How the redress officer gathers information

Your name and contact information will be shared with the Special Assessment Unit, who provide support to the redress officer. Your claim details and care experiences will not be shared.

If the redress officer needs additional information to make a decision, the Special Assessment Unit will contact you directly.

Any additional information you provide is shared directly with the Special Assessment Unit and is not shared with the agency responsible for your claim.

The agency managing your claim will only be informed of the redress officer's decision.

Information the redress officer may consider

When making a decision, the redress officer may consider:

• information about relevant convictions

• the nature and seriousness of offending

• the sentence imposed by the courts

• how long ago the offending occurred

• evidence of rehabilitation

• information and submissions provided by you
• any other relevant information 

After the decision

The redress officer will provide you with a written decision and explain the reasons for that decision.

If the redress officer decides that you are eligible for financial redress, the agency managing your claim will continue with the financial redress assessment process.

If the redress officer decides that you are not eligible for financial redress, the written decision will explain any further options that may be available.

You will still able to receive other forms of redress, including:

• a personalised apology
• wellbeing support
• assistance accessing care records