Commonwealth Consolidated Acts

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

  (1)   This section applies if the reassessee accepts the new offer of redress under section   42 (as it applies in relation to the new offer of redress because of section   71H).

  (2)   The Operator must give each institution that was notified under paragraph   71B(4)(a) or (c) a written notice (the reassessment notice ) that:

  (a)   states the matters set out in paragraphs 35(2)(b) to (f); and

  (b)   if the institution was previously notified under this section or section   35 in relation to the reassessee--states:

  (i)   the amounts mentioned in subparagraphs   35(2)(b)(ii) to (v) of the most recent previous notification and the amounts paid by the institution in relation to that notification; and

  (ii)   the difference in the amounts mentioned in subparagraphs   35(2)(b)(ii) to (v) between the reassessment notice and the most recent previous notification; and

  (iii)   the amount of the institution's liability, or the amount that is to be credited to the institution, in relation to the reassessee (worked out in accordance with Division   7); and

  (c)   states the components of redress that the reassessee wishes to receive (including whether the reassessee wishes to receive a direct personal response from the institution); and

  (d)   is accompanied by a copy of the reassessee's acceptance document; and

  (e)   complies with any requirements prescribed by the rules.

Note:   In relation to paragraph   (c), see subsection   71J(3).

  (3)   The Operator must give each participating jurisdiction (if any) that was notified under paragraph   71B(4)(b) or (d) a written notice (the reassessment notice ) that:

  (a)   states the matters set out in paragraphs 35A(2)(b) to (k); and

  (b)   if the participating jurisdiction has previously been notified under this section or section   35A in relation to the reassessee--states:

  (i)   the amounts mentioned in paragraphs   35A(2)(c) to (i) of the most recent previous notification and the amounts paid by the jurisdiction in relation to that notification; and

  (ii)   the difference in the amounts mentioned in paragraphs   35A(2)(c) to (i) as between the reassessment notice and the most recent previous notification; and

  (iii)   the amount of the jurisdiction's liability, or the amount that is to be credited to the jurisdiction, in relation to the reassessee (worked out in accordance with Division   7); and

  (c)   complies with any requirements prescribed by the rules.

  (4)   If:

  (a)   the new offer of redress specified an institution under subparagraph   39(ia)(i), and a funder of last resort for the institution under subparagraph   39(ia)(ii); and

  (b)   the institution is a partly - participating institution;

the Operator must give the institution a written notice that:

  (c)   states the matters set out in paragraphs 46B(2)(a) and (b); and

  (d)   states whether the reassessee wishes to receive a direct personal response from the institution; and

  (e)   complies with any requirements prescribed by the rules.

Note:   In relation to paragraph   (d), see subsection   71J(3).

  (5)   However, the Operator does not need to give a notice under subsection   (2), (3) or (4) in the circumstances (if any) and to the extent (if any) prescribed by the rules.