Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 59

  (1)   This section applies if:

  (a)   a person makes an application for redress under section   19; and

  (b)   the Operator makes a determination under section   29 approving the application; and

  (c)   the Operator gives the person an offer of redress under section   39; and

  (d)   the person dies before the offer is accepted, declined or withdrawn.

  (2)   The offer is taken to be withdrawn immediately after the person dies.

  (3)   If, before the person died:

  (a)   the person had not made an application under section   73 for review of the determination; or

  (b)   the person had made such an application but the review had been completed;

then the redress payment for the person is payable in accordance with section   60.

  (4)   If, before the person died:

  (a)   the person had made an application under section   73 for review of the determination; and

  (b)   the review had not been completed;

then:

  (c)   the application for review continues as if the person had not died; and

  (d)   if the review determination approves the person's application for redress--the redress payment for the person specified in the review determination is payable in accordance with section   60.

  (5)   The rules may prescribe matters relating to the giving of notices to a person, a participating institution, a partly - participating institution or a funder of last resort in relation to the operation of this section.