National Redress Scheme for Institutional Child Sexual Abuse Act 2018

This section applies if:

the Operator had made a determination (the current determination) on a person’s application for redress under subsection 29(2); and

the person had accepted an offer of redress in connection with the application for redress under section 42; and

the Operator subsequently identified the current determination under section 71R; and

the person had died before the Operator identified the current determination.

The Operator must reassess the current determination under this Part and make a reassessment decision as if:

the person (the reassessee) had not died; and

the reassessee had agreed, in writing, to have the Operator reassess the current determination under this Part.

If:

the reassessment decision sets aside the current determination and substitutes a new determination; and

the amount of the redress payment determined in the reassessment decision is more than the amount of the redress payment determined in the current determination;

the amount of the difference is payable in accordance with section 71Q; and

for the purposes of this Act, the new determination set out in the reassessment decision is taken to be the determination made by the Operator under section 29.

The rules may prescribe matters relating to the giving of notices to a person, a participating institution, a partly‑participating institution or a funder of last resort in relation to the operation of this section.