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

Notification for reassessment

  (1)   If the Operator identifies a determination on an application for redress under section   71R, the Operator must comply with subsection   (2) or (3) of this section (as applicable) as soon as practicable after identifying the determination.

Determination to approve application

  (2)   If the determination was to approve the application and the person who made the application had been given an offer of redress and the person had accepted or declined the offer, the Operator must:

  (a)   make reasonable efforts to invite the person to agree under subsection   71B(2) to have the Operator reassess the determination ; or

  (b)   if the person is deceased--comply with subsection   71P(2) and, if applicable, subsection   71P(3).

Determination to not approve application

  (3)   If:

  (a)   the determination was to not approve the application; and

  (b)   the Operator is satisfied that the person who made the application would have been eligible for redress under the scheme if, at the time the determination was made, an institution identified in the application, or in the course of dealing with the application, had been a participating institution or listed for a participating jurisdiction under section   164, 164A, 164B or 164C;

the Operator must:

  (c)   make reasonable efforts to invite the person to agree, by written notice given to the Operator, to the Operator revoking the determination; or

  (d)   if the person is deceased--revoke the determination.

  (4)   If the person agrees under paragraph   (3)(c) to the Operator revoking the determination, the Operator must revoke the determination.

Note:   If the Operator revokes the determination, subsections   29(6) and (7) apply, with the following effects:

(a)   the determination is taken never to have been made (paragraph   29(6)(a));

(b)   the Operator may make further requests for information relating to the application (paragraph   29(6)(d));

(c)   the Operator must give written notice of the revocation to various persons (subsection   29(7)).



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