Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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

Accepting the new offer where previous offer was accepted

  (1)   This section applies if the reassessee had previously accepted an offer of redress in connection with the application for redress by giving the Operator an acceptance document under subsection   42(2) (the previous acceptance document ) .

  (2)   Subsection   42(2) (as it applies in relation to the new offer of redress because of section   71H) applies, subject to the following:

  (a)   the acceptance document (the new acceptance document ) must also state that the person revokes, from the time the new acceptance document is given, the releases, discharges and promises mentioned in paragraphs 42(2)(c), (d) and (e) that were stated in the previous acceptance document;

  (b)   if the rules prescribe further modifications to the content of the new acceptance document as set out in paragraphs 42(2)(a) to (j)--the new acceptance document is in accordance with those paragraphs as modified.

  (3)   If:

  (a)   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; and

  (b)   the reassessee accepts the new offer of redress by giving the Operator the new acceptance document:

  (i)   the new acceptance document is taken to include the statement mentioned in paragraph   (a); and

  (ii)   if the reassessee has received, or receives, any or all of the components of redress mentioned in paragraph   (a)--that component of redress will be taken to have been, or be, received by the reassessee in accordance with the new acceptance document.

  (4)   If the reassessee accepts the new offer of redress by giving the Operator the new acceptance document, the following have effect from the time the new acceptance document is given, by force of this subsection:

  (a)   the release and discharge mentioned in paragraph   43(a), as it relates to the previous acceptance document, is taken not to have been made;

  (b)   paragraphs 43(b), (c) and (d), as they relate to the previous acceptance document, cease to have effect;

  (c)   any direct personal response provided to the reassessee in accordance with the previous acceptance document is taken to be a document that is not admissible in evidence in civil proceedings in a court or tribunal under subsection   37(1);

  (d)   any redress payment or counselling and psychological services payment previously made to or in relation to the reassessee is taken to be a part payment of the redress payment or counselling and psychological services payment required to be paid under section   48 or 51 in accordance with the new acceptance document.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback