Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 34

Notice of determination to applicant

  (1)   If the Operator makes a determination under section   29 on an application for redress for a person, the Operator must give the person written notice of the determination stating:

  (a)   whether or not the application has been approved; and

  (b)   the reasons for the determination; and

  (c)   that the person may apply under section   73 for review of the determination during the review period for the determination .

  (2)   If the application has been approved, the notice must include the offer of redress to the person under section   39.

  (3)   The notice must also:

  (a)   if subsection   (2) applies--state that the review period for the determination is the same as the acceptance period for the offer included in the notice; and

  (aa)   if subsection   (2) does not apply--specify the review period for the determination; and

  (b)   comply with any matters prescribed by the rules.

Review period

  (4)   If the application has been approved, the review period for the determination is the same as the acceptance period for the offer of redress included in the notice.

  (5)   To avoid doubt, any extension of the acceptance period under subsection   40(2) also has the effect of extending the review period.

  (6)   If the application has not been approved, the review period for the determination is the period determined by the Operator, which must:

  (a)   start on the date of the notice; and

  (b)   be at least 28 days, but not longer than 6 months.

  (7)   If subsection   (6) applies, the Operator may, by written notice given to the person, extend the review period if the Operator considers there are exceptional circumstances that justify the extension.

  (8)   An extension under subsection   (7) may be given:

  (a)   on the Operator's own initiative; or

  (b)   on a request made by the person under subsection   (9).

  (9)   If subsection   (6) applies, the person may request the Operator to extend the review period. The request must comply with any requirements prescribed by the rules.

  (10)   An extension under subsection   (7) may be given, or a request under subsection   (9) may be made, before, at or after the end of the review period.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback