occur and inhibit detection, as referred to in Recommendations 5, 6 and 7 above. Redress for victims of institutional child sexual abuse (b) 173. The National Royal Commission recommended the establishment of a national redress scheme for survivors of child sexual abuse in institutions, including the elements of direct personal response, counselling and psychological care and monetary payments.139 174. On 1 July 2018, the Australian Government commenced a National Redress Scheme.140 While the Commission commends many aspects of the Scheme, it has also raised some concerns about its operation.141 The Commission’s major concerns are that the Scheme excludes the following groups of survivors from accessing redress, including access to counselling and psychological services:142 • non-citizens or non-permanent residents who were sexually abused in institutional settings in Australia.143 • survivors who have been convicted of an offence and sentenced to imprisonment for five years or longer.144 • children currently under eight years old, due to the requirement that a child cannot make an application for redress if they will not turn 18 during the 10-year life of the Scheme.145 5.4 Torture or other cruel, inhuman or degrading treatment or punishment (a) Corporal punishment 175. In some jurisdictions in Australia, the defence of ‘reasonable chastisement’ can still be used to defend a charge of assault of a child by a parent.146 In some states and territories, a parent’s right to use corporal punishment is provided in legislation, while in others it is provided by the common law. NSW is the only state to have made legislative amendments limiting corporal punishment by parents.147 176. NSW, South Australia, Tasmania and Victoria have explicitly prohibited the use of corporal punishment in all schools. In the ACT, the current interpretation of the law means that a ban applies to non-government schools as well, but it is not explicitly prohibited in all schools.148 There is 31