Document ID: chunk:federal_register_of_legislation:C2021A00119:clause:1_27
Version: federal_register_of_legislation:C2021A00119
Segment Type: clause
Provision Reference: sch 1 cl 27
Character Range: 6001–8025

27  After paragraph 29(2)(i)
Insert:
 ; and (j) determine each of the following institutions that is responsible for the abuse (see section 15):
 (i) a defunct institution that is listed for a participating jurisdiction under section 164A and that the Operator does not determine is equally responsible with a participating government institution for the abuse;
 (ii) a partly‑participating institution (see section 164B);
 (iii) an institution that is listed for a participating jurisdiction under section 164C;
 (k) for each institution that is covered by a determination under paragraph (j)—determine:
 (i) each participating jurisdiction that is an eligible funding jurisdiction for the institution in relation to the abuse (see section 164D); and
 (ii) that each of those eligible funding jurisdictions is a funder of last resort for the institution in relation to the abuse and therefore liable for providing redress to the person under the scheme; and
 (l) if the Operator determines under paragraph (k) that one or more funders of last resort are liable for providing redress to the person under the scheme—determine, in accordance with section 165A:
 (i) the amount of each of those funders of last resort's (other than the Commonwealth's) share of the costs of the redress payment for the person; and
 (ii) the amount of each of those funders of last resort's (other than the Commonwealth's) share of the costs of the counselling and psychological component of redress for the person; and
 (iii) the amount of the Commonwealth's share of the costs of the counselling and psychological component of redress for the person (whether or not the Commonwealth is determined to be a funder of last resort under paragraph (k)); and
 (m) for each institution:
 (i) that was identified in the application; and
 (ii) to which subparagraph (j)(i), (ii) or (iii) applies; and
 (iii) that is not covered by a determination under paragraph (j) of this section;
  determine that the institution is not responsible for the abuse.