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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 71E

Notice and effect of reassessment decision

  (1)   This section applies if the Operator has reassessed the current determination and made the reassessment decision.

  (2)   The following provisions apply in relation to the reassessment decision in the same way as they apply in relation to a determination under section   29 on an application for redress:

  (a)   section   34 (notice of determination to applicant);

  (b)   Division   6 of Part   2 - 3 (effect of determination and admissibility of evidence in civil proceedings).

  (3)   For the purposes of applying provisions under paragraph   (2)(a) or (b), apply those provisions in relation to the reassessment decision, subject to the following:

  (a)   treat the reassessee as the person mentioned in subsection   34(1);

  (b)   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;

  (c)   treat a reference to the application being approved as a reference to the reassessment decision setting the current determination aside and substituting a new determination;

  (d)   treat a reference to the application not being approved as a reference to the reassessment decision affirming the current determination;

  (e)   treat a reference to whether or not the application has been approved as a reference to whether the current determination has been affirmed under paragraph   71D(2)(a) or the current determination has been set aside and a new determination substituted under paragraph   71D(2)(b);

  (f)   treat the reference in paragraph   34(1)(c) to section   73 as a reference to section   71T;

  (g)   treat the reference in subsection   34(2) to the offer of redress under section   39 as a reference to the new offer of redress under section   71G;

  (h)   treat a reference in section   37 to a person's application for redress as a reference to the reassessee's agreement to have the Operator reassess the current determination.



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