Effect of determination
36 Effect of determination
A determination by the Operator under section 29 has effect only for the purposes of the scheme.
In particular, a determination under section 29 that:
an institution is, or is not, responsible for the abuse of a person; or
an institution or funder of last resort is, or is not, liable to provide redress to a person;
is not a finding of law or fact made by a court in civil or criminal proceedings.
The determination is an administrative decision that is made by the Operator on the basis of whether the Operator considers there to be a reasonable likelihood that the person is eligible for redress. It is not a judicial decision made by a court in civil or criminal proceedings on the basis of a higher standard of proof.
However, a determination under section 29 that:
an institution is responsible for abuse of a person; or
an institution or funder of last resort is liable to provide redress;
may result in the imposition of a civil liability on the institution or funder of last resort to make payments under the scheme in relation to that redress.
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