the information and documents that were available to the person who made the original determination;

any information and documents that accompany the application for review;

further information requested under section 75A or 75B.

either:

the reduction is the result of considering information mentioned in paragraph (3)(b) or (c); or

the Operator has reasonable grounds to believe that information given, a document produced, or a statement made to an officer of the scheme in relation to the application for redress, or the application for review, is false or misleading in a material particular; and

the reduction is appropriate, having regard to the principles set out in section 10.

the person is sentenced to imprisonment for 5 years or longer for unlawful killing, a sexual offence, a terrorism offence, or certain related offences; or

the Operator has determined under subsection 63(2B) that the person should undergo a special assessment process;

the sentence mentioned in paragraph (1)(b) of this section is for any of the following offences:

unlawful killing, attempting to commit an unlawful killing, or conspiring to commit an unlawful killing;

a sexual offence or an offence that includes the intention to commit a sexual offence;

(iii) a terrorism offence within the meaning of the Crimes Act 1914;

(iv) an offence against a law of a State, a Territory or a foreign country that the Operator is satisfied is substantially similar to a terrorism offence within the meaning of the Crimes Act 1914; or

the Operator has determined under subsection (2B) of this section that the person should undergo a special assessment process;

the person’s sentence is for an offence covered by paragraph (2)(a); or

the Operator has determined under subsection (2B) that the person should undergo a special assessment process;

either or both of the following apply:

the person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;

the Operator has reasonable grounds to believe that the institution may be connected with abuse of the person that is within the scope of the scheme; and

the institution is not a participating institution or a partly-participating institution.

has applied for redress under the scheme; or

the Operator has reasonable grounds to believe may have been abused.

(a) the protected information is about a person who applied for redress (the applicant); and

(b) the Operator believes, on reasonable grounds, that the applicant is, or may become, subject to an order (a financial management order) under which another person is appointed by a court, tribunal or board, or other entity prescribed by the rules, under a law of the Commonwealth, a State or a Territory to manage all or part of the person’s property or financial affairs or matters.

ascertaining whether the applicant is subject to a financial management order;

ascertaining whether the government institution has management of the applicant’s affairs under a financial management order;

if the government institution has management of the applicant’s affairs under a financial management order—providing the institution such information as is necessary for it to manage the applicant’s affairs under the financial management order in relation to the applicant’s redress application;

any other purpose that is:

related to dealing with applicants who are, or may become, subject to a financial management order; and

prescribed by the rules.

the Public Trustee of a State or a Territory;

a government institution that can be, or the employees of which can be, given responsibility for managing the affairs of an individual under a financial management order;

a government institution prescribed by the rules.

obtain the information; or

make a record of the information; or

disclose the information to a person; or

use the information;

the person is subject to a condition under subsection (6); and

(b) the person engages in conduct (within the meaning of the Criminal Code); and

the person’s conduct breaches the condition.

in any case—the purpose of either of the following undertaking investigation and disciplinary procedures:

the institution;

if the institution is a member of a participating group—another member of the group.

before the commencement of Schedule 1 to the amending Act, a person had made an application for review under section 73; and

at the commencement of that Schedule, the review had not been completed;

the Operator must notify the person of the amendments made by Part 1 of that Schedule; and

the reviewer must not make a review determination under section 75 in relation to the application for review before the earlier of the following:

30 days after the date of the notification;

if, in response to the notification, the person gives the reviewer further information or documents that the person considers may be relevant to the review—the day after the Operator receives the further information or documents; and

if the person gives the reviewer further information or documents that the person considers may be relevant to the review:

the amendments made by Part 1 of that Schedule apply in relation to the application for review; and

the further information or documents are to be treated as information or documents accompanying the application for review under subsection 73(3).

before the commencement of Schedule 1 to the amending Act, a person had made an application for review under section 73; and

at the commencement of that Schedule, a review determination had been made under section 75 in relation to the application for review; and

the Operator has given the person an offer of redress under section 39; and

the person has not accepted or declined the offer of redress;

the Operator must notify the person of the amendments made by Part 1 of that Schedule; and

(f) if the acceptance period for the offer of redress ends during the period of 30 days after the date of the notification (the response period)—the Operator must extend the acceptance period under subsection 40(2) to end after the response period; and

if, during the response period, the person gives the Operator further information or documents that the person considers may be relevant to the review:

the review determination is taken to never have been made; and

if the Operator has given the person a new written offer of redress under paragraph 78(3)(b)—the new written offer of redress is taken to never have been given; and

the amendments made by Part 1 of that Schedule apply in relation to the application for review; and

the further information or documents are to be treated as information or documents accompanying the application for review under subsection 73(3).

before the commencement of Schedule 1 to the amending Act, the Operator had given a written notice under paragraph 63(3)(b) in relation to a person’s sentence of imprisonment; and

at the commencement of that Schedule, the Operator had not made a determination in relation to the person under subsection 63(5);

the person has agreed under section 71B to have the Operator reassess a determination on an application for redress; and

a reassessment decision has not been made under section 71D in relation to the determination;

the person has agreed under section 71B to have the Operator reassess a determination on an application for redress; and

a new offer of redress has been given to the person under section 71G; and

the offer has not been accepted, declined or withdrawn;

the new offer of redress is taken to be withdrawn; and

the reassessment decision made under section 71D on the determination is taken to be revoked by the Operator; and

the person is taken to have revoked the person’s agreement to have the Operator reassess the determination under subsection 71C(1).

the Operator has made a determination under section 29 to approve an application for redress by a person; and

the person has been given an offer of redress and the person has accepted or declined the offer; and

the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person; and

at the time the determination was made, the institution was not a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C; and

at a later time, the institution becomes a participating institution or is listed for a participating jurisdiction under section 164, 164A, 164B or 164C;

a person has made an application for redress under the scheme; and

(b) the Operator has made a determination to approve the application under current determination); andsection 29 (the

the person has been given an offer of redress and the person has accepted or declined the offer; and

the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person; and

at the time the current determination was made, the institution was not a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C; and

at a later time, the institution becomes a participating institution or is listed for a participating jurisdiction under section 164, 164A, 164B or 164C.

each institution determined in the current determination as a participating institution or partly-participating institution;

each participating jurisdiction (other than the Commonwealth) that is determined in the current determination under paragraph 29(2)(k);

each institution covered by paragraph (1)(f) of this section;

if an institution covered by paragraph (a) or (c) of this subsection is listed for a participating jurisdiction—that participating jurisdiction.

affirming the current determination;

setting the current determination aside and substituting a new determination.

Division 3 of Part 2-3 (obtaining information for the purposes of determining the application);

subsection 29(2) (determination to approve the application), other than paragraph (a) of that subsection;

sections 30 and 31 (working out amounts of redress payment, counselling and psychological component and share of costs);

subsection 33(1) (assessment framework policy guidelines);

subsections 165(2) and (3) (special rules for funder of last resort cases);

subsections 165A(2) to (13) (special rules for funder of last resort cases—participating jurisdictions).

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the reassessment decision because of this Part;

treat a reference to an offer of redress as a reference to a new offer of redress under section 71G;

in applying step 4 of the method statement in subsection 30(2):

(i) in relation to an institution and a relevant prior payment that was paid at a time before the first time the Operator made a determination under n as being instead the number of whole years between those times; andsection 29 on the application for redress—treat the definition of

(ii) in relation to an institution covered by paragraph 71B(1)(f) and a relevant prior payment that was paid after the first time the Operator made a determination under n as being instead the number of whole years since the relevant prior payment was paid;section 29 and before the reassessment decision was made—treat the definition of

ignore step 4 of the method statement in subsection 30(2) in relation to an institution other than an institution covered by paragraph 71B(1)(f), and a relevant prior payment that was paid after the first time the Operator made a determination under section 29 and before the reassessment decision was made;

(e) subsection (5) of this section applies if the amount of redress payment for the reassessee worked out by applying subsection 30(5) (ignoring the effect of this paragraph) is less than the amount of redress payment for the reassessee set out in the current determination (the current redress amount);

subsections (6) and (7) of this section apply if the reassessee has previously accepted an offer of redress in connection with the application for redress;

if the rules prescribe further modifications to how the amounts mentioned in sections 30 and 31 (including as modified by sections 165 and 165A) are worked out—those further modifications.

if the Operator has, in the current determination, determined under paragraph 29(2)(b) that a participating institution is responsible for the abuse—treat the institution as a participating institution (even if the institution is defunct or is a partly-participating institution at the time the reassessment decision is made); and

if the Operator has, in the current determination, determined under paragraph 29(2)(h) that a participating institution is not responsible for the abuse—treat the institution as a participating institution (even if the institution is defunct or is a partly-participating institution at the time the reassessment decision is made); and

if the Operator has, in the current determination, determined under paragraph 29(2)(i) that a participating government institution is a funder of last resort for a defunct institution in relation to the abuse—treat the government institution (whether or not it is a participating government institution at the time the reassessment decision is made) as the funder of last resort for the defunct institution; and

if the Operator has, in the current determination, determined under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort for an institution in relation to the abuse—treat the jurisdiction (whether or not it is a participating jurisdiction at the time the reassessment decision is made) as the funder of last resort for the institution.

the institution is covered by paragraph 71B(1)(f); or

if a paragraph of subsection (6) of this section applied to the institution—the Operator intends, in the reassessment decision, to determine the institution under a paragraph of subsection 29(2) that is different from the paragraph of subsection 29(2) mentioned in the relevant paragraph of subsection (6) of this section.

section 34 (notice of determination to applicant);

Division 6 of Part 2-3 (effect of determination and admissibility of evidence in civil proceedings).

treat the reassessee as the person mentioned in subsection 34(1);

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the reassessment decision because of this Part;

treat a reference to the application being approved as a reference to the reassessment decision setting the current determination aside and substituting a new determination;

treat a reference to the application not being approved as a reference to the reassessment decision affirming the current determination;

treat a reference to whether or not the application has been approved as a reference to whether the current determination has been affirmed under paragraph 71D(2)(a) or the current determination has been set aside and a new determination substituted under paragraph 71D(2)(b);

treat the reference in paragraph 34(1)(c) to section 73 as a reference to section 71T;

treat the reference in subsection 34(2) to the offer of redress under section 39 as a reference to the new offer of redress under section 71G;

treat a reference in section 37 to a person’s application for redress as a reference to the reassessee’s agreement to have the Operator reassess the current determination.

the Operator has reassessed the current determination; and

the reassessment decision is to affirm the current determination; and

either:

if subparagraph (ii) does not apply—the review period mentioned in section 34 (as it applies in relation to the reassessment decision because of section 71E) has passed; or

if the reassessee has applied to the Operator for review of the reassessment decision under section 71T—the review has been completed.

the Operator has reassessed the current determination; and

the reassessment decision is to set aside the current determination and substitute a new determination.

paragraphs 39(a) to (t) (offers of redress), other than paragraphs (r) and (ra); and

subsection (4) of this section; and

if applicable, subsection (5) of this section.

treat a reference to a provision in section 29 as a reference to that provision as it applies in relation to the new determination because of this Part;

treat paragraph 39(p) as referring instead to the effect of section 71J and the effect of section 43, as it applies in relation to the new offer of redress because of section 71H;

if the rules prescribe further modifications to the content of the new offer of redress as set out in paragraphs 39(a) to (t)—those further modifications.

inform the reassessee that, if the reassessee declines the new offer of redress, there will be no change to the existing arrangements (including those arising out of the acceptance or declining of the offer of redress made based on the current determination); and

specify the differences between the current determination and the new determination, including any difference between the amount of redress payment the reassessee is, or was, entitled to under the current determination and the amount of redress payment the reassessee would be entitled to if the reassessee accepts the new offer of redress; and

specify:

the amount (if any) of redress payment based on the current determination that has been paid to the reassessee; and

the amount (if any) of redress payment based on the current determination that has not yet been paid to the reassessee; and

the additional amount (if any) of redress payment based on the new determination that would be payable to the reassessee if the new offer of redress is accepted; and

comply with any requirements prescribed by the rules.

the reassessee had previously accepted an offer of redress based on the current determination; and

the previous acceptance document stated that the reassessee wished to receive any or all of the following components of redress:

a redress payment;

the counselling and psychological component of redress;

a direct personal response from a specified institution;

the statement mentioned in paragraph (b) of this subsection will be taken to be included in the new acceptance document; and

if the reassessee has received, or receives, any or all of the components of redress mentioned in paragraph (b) of this subsection—that component of redress will be taken to have been, or be, received by the reassessee in accordance with the new acceptance document.

the reassessment decision is to set aside the current determination and substitute a new determination; and

the Operator has given the reassessee a new offer of redress under subsection 71G(2).

section 40 (acceptance period for offers of redress);

Division 3 of Part 2-4 (accepting or declining offers of redress), other than sections 44, 44A and 46B.

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the new offer of redress or the reassessment decision because of this Part;

treat the reference in paragraph 45(1)(c) to “the person will not be able to make another application for redress under the scheme” as a reference to “there will be no change to the existing arrangements (including those arising out of the acceptance or declining of the offer of redress made based on the current determination)”;

treat the reference in section 46 to each institution that was notified under section 41 of the offer as a reference to each institution that was notified under paragraph 71B(4)(a) or (c);

treat the reference in subsection 46A(1) to each participating jurisdiction (if any) that was notified under section 41A of the offer as a reference to each participating jurisdiction (if any) that was notified under paragraph 71B(4)(b) or (d).

the current determination, and anything done based on the current determination, is not affected; and

the new determination has no effect from the time the new offer of redress is declined.

(a) the acceptance document (the new acceptance document) must also state that the person revokes, from the time the new acceptance document is given, the releases, discharges and promises mentioned in paragraphs 42(2)(c), (d) and (e) that were stated in the previous acceptance document;

if the rules prescribe further modifications to the content of the new acceptance document as set out in paragraphs 42(2)(a) to (j)—the new acceptance document is in accordance with those paragraphs as modified.

the previous acceptance document stated that the reassessee wished to receive any or all of the following components of redress:

a redress payment;

the counselling and psychological component of redress;

a direct personal response from a specified institution; and

the reassessee accepts the new offer of redress by giving the Operator the new acceptance document:

the new acceptance document is taken to include the statement mentioned in paragraph (a); and

if the reassessee has received, or receives, any or all of the components of redress mentioned in paragraph (a)—that component of redress will be taken to have been, or be, received by the reassessee in accordance with the new acceptance document.

the release and discharge mentioned in paragraph 43(a), as it relates to the previous acceptance document, is taken not to have been made;

paragraphs 43(b), (c) and (d), as they relate to the previous acceptance document, cease to have effect;

any direct personal response provided to the reassessee in accordance with the previous acceptance document is taken to be a document that is not admissible in evidence in civil proceedings in a court or tribunal under subsection 37(1);

any redress payment or counselling and psychological services payment previously made to or in relation to the reassessee is taken to be a part payment of the redress payment or counselling and psychological services payment required to be paid under section 48 or 51 in accordance with the new acceptance document.

the new determination set out in the reassessment decision is taken to be the determination made by the Operator under section 29;

the new offer of redress is taken to be the offer of redress made to the reassessee under section 39;

the reassessee’s acceptance of the new offer of redress is taken to be the reassessee’s acceptance of the offer of redress under section 42;

the acceptance document given by the reassessee under subsection 42(2) (as it applies in relation to the new offer of redress because of section 71H) is taken to be the reassessee’s acceptance document under section 42.

states the matters set out in paragraphs 35(2)(b) to (f); and

if the institution was previously notified under this section or section 35 in relation to the reassessee—states:

the amounts mentioned in subparagraphs 35(2)(b)(ii) to (v) of the most recent previous notification and the amounts paid by the institution in relation to that notification; and

the difference in the amounts mentioned in subparagraphs 35(2)(b)(ii) to (v) between the reassessment notice and the most recent previous notification; and

the amount of the institution’s liability, or the amount that is to be credited to the institution, in relation to the reassessee (worked out in accordance with Division 7); and

states the components of redress that the reassessee wishes to receive (including whether the reassessee wishes to receive a direct personal response from the institution); and

is accompanied by a copy of the reassessee’s acceptance document; and

complies with any requirements prescribed by the rules.

states the matters set out in paragraphs 35A(2)(b) to (k); and

if the participating jurisdiction has previously been notified under this section or section 35A in relation to the reassessee—states:

the amounts mentioned in paragraphs 35A(2)(c) to (i) of the most recent previous notification and the amounts paid by the jurisdiction in relation to that notification; and

the difference in the amounts mentioned in paragraphs 35A(2)(c) to (i) as between the reassessment notice and the most recent previous notification; and

the amount of the jurisdiction’s liability, or the amount that is to be credited to the jurisdiction, in relation to the reassessee (worked out in accordance with Division 7); and

complies with any requirements prescribed by the rules.

the new offer of redress specified an institution under subparagraph 39(ia)(i), and a funder of last resort for the institution under subparagraph 39(ia)(ii); and

the institution is a partly-participating institution;

states the matters set out in paragraphs 46B(2)(a) and (b); and

states whether the reassessee wishes to receive a direct personal response from the institution; and

complies with any requirements prescribed by the rules.

(a) a person (the reassessee) agrees to have the Operator reassess a current determination under section 71B; and

the Operator makes a reassessment decision under section 71D that sets aside the current determination and substitutes a new determination; and

the Operator gives the reassessee a new offer of redress under section 71G; and

the reassessee dies before the offer is accepted, declined or withdrawn.

the reassessee had made an application under section 71T for review of the reassessment decision; and

the review had not been completed;

the application for review continues as if the reassessee had not died; and

subsection (4) of this section applies after the review has been completed.

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.

(a) a person (the reassessee) agrees to have the Operator reassess a current determination under section 71B; and

the reassessee dies before the Operator makes a reassessment decision under section 71D.

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.

(a) 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.

(a) 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.

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.

determine who should be paid the redress payment; and

pay the amount to that person or those persons as soon as practicable.

the reassessee’s will; and

the law relating to the disposition of the property of deceased persons.

production of probate of the will of the reassessee; or

letters of administration of the estate of the reassessee.

the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person who made the application;

at the time the determination was made, the institution was not a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C;

at a later time, the institution has become a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C.

an institution becomes a participating institution;

an institution is listed for a participating jurisdiction under section 164, 164A, 164B or 164C;

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

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

the determination was to not approve the application; and

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;

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

if the person is deceased—revoke the determination.

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

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

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

(a) a person (the reassessee) has agreed under subsection 71B(2) to have the Operator reassess a current determination; and

the Operator has reassessed the current determination and made a reassessment decision under section 71D;

be made within the review period mentioned in section 34 (as it applies in relation to the reassessment decision because of section 71E); and

be in the approved form.

section 74 (withdrawal of application for review);

section 75 (the review), other than paragraphs (3)(b) and (c) and subparagraph (4)(a)(i) of that section;

section 76 (date of effect of review determination);

section 77 (notice of review determination to applicant);

section 78 (interaction between review and offer of redress).

treat the reassessee as the person mentioned in subsection 74(1) and the applicant mentioned in section 77;

treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the application or the reassessment decision because of this Part;

treat a reference to the original determination as a reference to the reassessment decision;

treat the reference in subparagraph 75(2)(b)(iii) to a new determination as a reference to a new decision;

treat the reference in subsection 76(3) to the determination made by the Operator under section 29 as a reference to the reassessment decision made under section 71D;

treat a reference in section 78 to an offer of redress under or in accordance with section 39 as a reference to a new offer of redress under or in accordance with section 71G;

treat the reference in paragraph 78(3)(b) to “the determination as varied or substituted approves the application for redress” as a reference to “the review determination varies or sets aside the reassessment decision and substitutes a new decision”.

(a) a person who had previously accepted an offer of redress accepts a new offer of redress given under current determination) and substitutes a new determination;section 71G based on a reassessment decision made under section 71D that sets aside a determination (a

(b) a payment is made in relation to a deceased person under current determination) and substitutes a new determination.section 71Q based on a reassessment decision made under section 71D that sets aside a determination (also a

a person in relation to whom paragraph 71V(a) or (b) applies in the present quarter; and

a participating institution or funder of last resort determined in the current determination or the new determination mentioned in paragraph 71V(a) or (b) in relation to the person.

share of the costs of the redress payment to the person in all quarters up to the present quarter; and

share of the costs of the counselling and psychological component of redress for the person in all quarters up to the present quarter; and

scheme administration element for all quarters up to the present quarter, to the extent it is attributable to the person;

based on the current determination in relation to the person, as in effect immediately before the start of the present quarter; and

based on the new determination in relation to the person, as in effect at the end of the present quarter.

reassessment contribution for the institution or funder of last resort for the present quarter or a quarter before the present quarter;

reassessment contribution for the institution or funder of last resort for a quarter after the present quarter for which the Operator reasonably believes the institution or funder of last resort will be liable;

funding contribution for the institution or funder of last resort for the present quarter or a quarter before the present quarter;

funding contribution for the institution or funder of last resort for a quarter after the present quarter for which the Operator reasonably believes the institution or funder of last resort will be liable.

if paragraph (b) does not apply—the institution or funder of last resort; or

if rules made for the purposes of this paragraph prescribe a different person in relation to the repayment—the person prescribed by the rules.

accept a new offer of redress under section 42 (as it applies in relation to the new offer of redress because of section 71H);

decline a new offer of redress under section 45 (as it applies in relation to the new offer of redress because of section 71H);