Commonwealth Consolidated Acts Commonwealth Consolidated Acts(2) The Operator must, as soon as practicable, reassess the current determination and make a decision (the reassessment decision ), in writing, doing one of the following:
(a) affirming the current determination;
(b) setting the current determination aside and substituting a new determination.
Note: A reassessment decision setting the current determination aside and substituting a new determination does not affect the current determination unless the new offer made based on the new determination is accepted. If that occurs, the new determination set out in the reassessment decision is substituted for the current determination (see section 71K).
(3) The following provisions apply in relation to making the reassessment decision in the same way as they apply in relation to making a determination on an application for redress:
(a) Division 3 of Part 2 - 3 (obtaining information for the purposes of determining the application);
(b) subsection 29(2) (determination to approve the application), other than paragraph (a) of that subsection;
(c) sections 30 and 31 (working out amounts of redress payment, counselling and psychological component and share of costs);
(d) subsection 33(1) (assessment framework policy guidelines);
(e) subsections 165(2) and (3) (special rules for funder of last resort cases);
(f) subsections 165A(2) to (13) (special rules for funder of last resort cases--participating jurisdictions).
(4) For the purposes of applying provisions under subsection (3), apply those provisions in relation to making the reassessment decision, subject to the following:
(a) treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the reassessment decision because of this Part;
(b) treat a reference to an offer of redress as a reference to a new offer of redress under section 71G;
(c) in applying step 4 of the method statement in subsection 30(2):
(i) in relation to an institution and a relevant prior payment that was paid at a time before the first time the Operator made a determination under section 29 on the application for redress--treat the definition of n as being instead the number of whole years between those times; and
(ii) in relation to an institution covered by paragraph 71B(1)(f) and a relevant prior payment that was paid after the first time the Operator made a determination under section 29 and before the reassessment decision was made--treat the definition of n as being instead the number of whole years since the relevant prior payment was paid;
(d) ignore step 4 of the method statement in subsection 30(2) in relation to an institution other than an institution covered by paragraph 71B(1)(f), and a relevant prior payment that was paid after the first time the Operator made a determination under section 29 and before the reassessment decision was made;
(e) subsection (5) of this section applies if the amount of redress payment for the reassessee worked out by applying subsection 30(5) (ignoring the effect of this paragraph) is less than the amount of redress payment for the reassessee set out in the current determination (the current redress amount );
(f) subsections (6) and (7) of this section apply if the reassessee has previously accepted an offer of redress in connection with the application for redress;
(g) if the rules prescribe further modifications to how the amounts mentioned in sections 30 and 31 (including as modified by sections 165 and 165A) are worked out--those further modifications.
(5) For the purposes of paragraph (4)(e), treat the difference between the institutions' total share (worked out by applying subsection 30(3)) and the current redress amount as the Commonwealth's share of the costs of the redress payment (instead of the amount worked out by applying subsection 30(4)).
(6) For the purposes of paragraph (4)(f):
(a) if the Operator has, in the current determination, determined under paragraph 29(2)(b) that a participating institution is responsible for the abuse--treat the institution as a participating institution (even if the institution is defunct or is a partly - participating institution at the time the reassessment decision is made); and
(b) if the Operator has, in the current determination, determined under paragraph 29(2)(h) that a participating institution is not responsible for the abuse--treat the institution as a participating institution (even if the institution is defunct or is a partly - participating institution at the time the reassessment decision is made); and
(c) if the Operator has, in the current determination, determined under paragraph 29(2)(i) that a participating government institution is a funder of last resort for a defunct institution in relation to the abuse--treat the government institution (whether or not it is a participating government institution at the time the reassessment decision is made) as the funder of last resort for the defunct institution; and
(d) if the Operator has, in the current determination, determined under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort for an institution in relation to the abuse--treat the jurisdiction (whether or not it is a participating jurisdiction at the time the reassessment decision is made) as the funder of last resort for the institution.
(7) However, subsection (6) does not apply in relation to an institution if:
(a) the institution is covered by paragraph 71B(1)(f); or
(b) if a paragraph of subsection (6) of this section applied to the institution--the Operator intends, in the reassessment decision, to determine the institution under a paragraph of subsection 29(2) that is different from the paragraph of subsection 29(2) mentioned in the relevant paragraph of subsection (6) of this section.