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COMMONWEALTHAct
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s 35A

Notice of determination to funders of last resort

In force
Chapter 2The National Redress Scheme for Institutional Child Sexual Abuse
Part 2‑3How to obtain redress under the scheme
Division 5Notice of determination to applicant, participating institutions and funders of last resort

35A Notice of determination to funders of last resort

(1)

If:

(a)

the Operator makes a determination under section 29 in relation to a person; and

(b)

the determination is that the application has been approved; and

(c)

a participating jurisdiction (other than the Commonwealth) is specified in the determination under paragraph 29(2)(k);

then the Operator must give the participating jurisdiction written notice of the determination in accordance with subsection (2).

(2)

The notice must state:

(a)

that the application has been approved; and

(b)

that the Operator determined:

(i)

under paragraph 29(2)(j) that one or more institutions are responsible for the abuse; and

(ii)

under paragraph 29(2)(k) that the participating jurisdiction is an eligible funding jurisdiction and funder of last resort for one or more of those institutions in relation to the abuse and therefore liable for providing redress to the person under the scheme; and

(c)

the amount of the redress payment for the person; and

(d)

the amount of the participating jurisdiction’s share of the costs of the redress payment for the person; and

(e)

the amount of the Commonwealth’s share of the costs of the redress payment for the person; and

(f)

if an advance payment for the person has been paid—the amount of the advance payment; and

(g)

the amount of the counselling and psychological component of redress for the person; and

(h)

the amount of the participating jurisdiction’s share of the costs of the counselling and psychological component of redress for the person; and

(i)

the amount of the Commonwealth’s share of the costs of the counselling and psychological component of redress for the person; and

(j)

the number of other participating jurisdictions that are funders of last resort in relation to the abuse for the institution or institutions to which subparagraph (b)(ii) of this subsection applies; and

(k)

the reasons for the determination under section 29, as they relate to the participating jurisdiction; and

(l)

the period within which the person may apply under section 73 for review of the determination.

(3)

The notice must also comply with any requirements prescribed by the rules.

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