Commonwealth Consolidated Acts

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

  (1)   This section applies if:

  (a)   the reassessment decision is to set aside the current determination and substitute a new determination; and

  (b)   the Operator has given the reassessee a new offer of redress under subsection   71G(2).

  (2)   Subject to section   71J, the following provisions apply in relation to the new offer of redress and the new determination in the same way as they apply to an offer of redress and a determination on an application for redress:

  (a)   section   40 (acceptance period for offers of redress);

  (b)   Division   3 of Part   2 - 4 (accepting or declining offers of redress), other than sections   44, 44A and 46B.

  (3)   For the purposes of applying provisions under subsection   (2), apply those provisions in relation to the new offer of redress, 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 new offer of redress or the reassessment decision because of this Part;

  (b)   treat the reference in paragraph   45(1)(c) to "the person will not be able to make another application for redress under the scheme" as a reference to "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)";

  (c)   treat the reference in section   46 to each institution that was notified under section   41 of the offer as a reference to each institution that was notified under paragraph   71B(4)(a) or (c);

  (d)   treat the reference in subsection   46A(1) to each participating jurisdiction (if any) that was notified under section   41A of the offer as a reference to each participating jurisdiction (if any) that was notified under paragraph   71B(4)(b) or (d).

  (4)   If the reassessee declines the new offer of redress:

  (a)   the current determination, and anything done based on the current determination, is not affected; and

  (b)   the new determination has no effect from the time the new offer of redress is declined.