Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the Operator has reassessed the current determination; and
(b) the reassessment decision is to set aside the current determination and substitute a new determination.
(2) The Operator must give the reassessee a new offer of redress that complies with:
(a) paragraphs 39(a) to (t) (offers of redress), other than paragraphs (r) and (ra); and
(b) subsection (4) of this section; and
(c) if applicable, subsection (5) of this section.
(3) For the purposes of paragraph (2)(a), apply paragraphs 39(a) to (t) in relation to the new offer of redress, subject to the following:
(a) treat a reference to a provision in section 29 as a reference to that provision as it applies in relation to the new determination because of this Part;
(b) treat paragraph 39(p) as referring instead to the effect of section 71J and the effect of section 43, as it applies in relation to the new offer of redress because of section 71H;
(c) if the rules prescribe further modifications to the content of the new offer of redress as set out in paragraphs 39(a) to (t)--those further modifications.
(4) For the purposes of paragraph (2)(b), the new offer of redress must:
(a) inform the reassessee that, if the reassessee declines the new offer of redress, there will be no change to the existing arrangements (including those arising out of the acceptance or declining of the offer of redress made based on the current determination); and
(b) specify the differences between the current determination and the new determination, including any difference between the amount of redress payment the reassessee is, or was, entitled to under the current determination and the amount of redress payment the reassessee would be entitled to if the reassessee accepts the new offer of redress; and
(c) specify:
(i) the amount (if any) of redress payment based on the current determination that has been paid to the reassessee; and
(ii) the amount (if any) of redress payment based on the current determination that has not yet been paid to the reassessee; and
(iii) the additional amount (if any) of redress payment based on the new determination that would be payable to the reassessee if the new offer of redress is accepted; and
(d) comply with any requirements prescribed by the rules.
(5) For the purposes of paragraph (2)(c), if:
(a) the reassessee had previously accepted an offer of redress based on the current determination; and
(b) the previous acceptance document stated that the reassessee wished to receive any or all of the following components of redress:
(i) a redress payment;
(ii) the counselling and psychological component of redress;
(iii) a direct personal response from a specified institution;
then the new offer of redress must inform the reassessee that, if the reassessee accepts the new offer of redress by giving the Operator an acceptance document (the new acceptance document ) under subsection 42(2) (as it applies because of section 71H):
(c) the statement mentioned in paragraph (b) of this subsection will be taken to be included in the new acceptance document; and
(d) if the reassessee has received, or receives, any or all of the components of redress mentioned in paragraph (b) of this subsection--that component of redress will be taken to have been, or be, received by the reassessee in accordance with the new acceptance document.
Note: The new offer of redress does not have effect under this Part, or displace any previous offers of redress or determinations, unless it is accepted (see subsection 71H(4) and section 71K).