In some cases, a participating government institution or participating jurisdiction will be a funder of last resort for an institution that is not fully participating in the scheme. In those cases, the government institution or jurisdiction will be liable to pay some or all of the non - government institution's share of the costs of providing redress to a person.

Before a government institution can become a funder of last resort for a non - government institution in relation to abuse of a person, the Operator must first make a determination to that effect (see paragraph   29(2)(i)). The Operator can only make that determination if:

  (a)   the non - government institution is defunct; and

  (b)   the Operator has determined that the government institution is equally responsible with the defunct institution for the abuse; and

  (c)   the defunct institution is listed for the jurisdiction that the government institution belongs to under section   164.

Before a participating jurisdiction can become a funder of last resort for a non - government institution in relation to abuse of a person, the Operator must first make a determination to that effect (see paragraph   29(2)(k)). The Operator can only make that determination if:

  (a)   the institution is listed for the jurisdiction under section   164A, 164B or 164C; and

  (b)   the jurisdiction is an eligible funding jurisdiction for the institution in relation to the abuse (see section   164D).

Section   164A is used for listing defunct institutions. Section   164B is used for listing institutions ( partly - participating institutions ) that agree to provide a direct personal response if required. Section   164C is used for listing other institutions.