National Redress Scheme for Institutional Child Sexual Abuse Act 2018

If the Operator determines under paragraph 29(2)(i) that:

one or more participating government institutions are equally responsible with a defunct institution for abuse of a person; and

one or more of those government institutions (the funding institutions) are a funder of last resort for the defunct institution in relation to the abuse;

When determining under paragraph 29(2)(c) the amount of the redress payment for the person, the amount of a funding institution’s share of the costs of that payment and the amount of the Commonwealth’s share of the costs of that payment, the Operator must:

apply subsections 30(2) to (4) as if the defunct institution were also a responsible institution in relation to the abuse; and

divide the amount worked out under subsection 30(2) (as applying because of paragraph (a) of this subsection) as the amount of the defunct institution’s share of the costs of the redress payment (to the extent that it relates to the abuse) by the number of funding institutions; and

in determining the amount of a funding institution’s share—add the amount worked out under paragraph (b) to what, apart from this section, would have been that funding institution’s share of the costs of the redress payment.

When determining under paragraph 29(2)(d) the amount of a funding institution’s share of the costs of the counselling and psychological component of redress for the person, the Operator must:

determine, in accordance with section 31, the amount of the defunct institution’s share of those costs as if the defunct institution were also a responsible institution; and

divide that amount by the number of funding institutions; and

add the amount worked out under paragraph (b) to what, apart from this section, would have been the amount of that funding institution’s share of those costs.

When determining under subsection 152(2) a funding institution’s contribution to the costs of the administration of the scheme for a quarter, the Operator must:

determine the amount of the defunct institution’s contribution to those costs as if the defunct institution were a participating institution; and

divide that amount by the number of funding institutions; and

add the amount worked out under paragraph (b) to what, apart from this section, would have been the amount of that funding institution’s contribution to those costs.