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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 128

Ceasing to be the representative for a lone institution

  (1)   The Minister may, by notifiable instrument, vary or revoke a declaration made under section   126 or 127 in relation to a representative for a lone institution.

  (2)   If:

  (a)   the institution or the representative requests the Minister in writing to revoke a declaration made under section   126 or 127; and

  (b)   any requirements prescribed by the rules in relation to the person ceasing to be the representative are satisfied;

then the Minister must, by notifiable instrument, revoke the declaration made under section   126 or 127 as soon as practicable.

Note:   If a participating unincorporated lone institution does not have a representative, then the Minister must revoke the declaration made under subsection   115(2) that the lone institution is a participating institution (see subsection   116(5)).

  (3)   Despite subsections   (1) and (2), the Minister must not revoke a declaration made under section   126 or 127 in relation to an institution unless any requirements prescribed by the rules in relation to the variation or revocation are satisfied.

  (4)   If:

  (a)   the Minister revokes a declaration made under subsection   115(2) in relation to an unincorporated lone institution; but

  (b)   because of subsection   116(7), the institution continues to be a participating institution in relation to a person who made an application for redress before the revocation;

then the representative for the institution continues to be the representative for the institution in relation to the person (even if the declaration made under section   126 for the representative has been revoked under this section).



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