Document ID: chunk:federal_register_of_legislation:C2024A00009:clause:1_9
Version: federal_register_of_legislation:C2024A00009
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 10125–11921

9  Subsection 63(2)
Repeal the subsection, substitute:
 (2) For the purposes of subsection 12(4), the person is not entitled to redress under the scheme if:
 (a) the sentence mentioned in paragraph (1)(b) of this section is for any of the following offences:
 (i) unlawful killing, attempting to commit an unlawful killing, or conspiring to commit an unlawful killing;
 (ii) 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
 (b) the Operator has determined under subsection (2B) of this section that the person should undergo a special assessment process;
unless there is a determination in force under subsection (5) of this section that the person is not prevented from being entitled to redress.

Consideration of whether person should undergo a special assessment process
 (2A) As soon as practicable after becoming aware of the person's sentence, and if paragraph (2)(a) does not apply, the Operator must consider whether the person should undergo a special assessment process.
 (2B) The Operator may determine that the person should undergo a special assessment process if the Operator considers there are exceptional circumstances that make it likely that providing redress to the person under the scheme may bring the scheme into disrepute or adversely affect public confidence in, or support for, the scheme.
 (2C) When making a determination under subsection (2B), the Operator may have regard to the matters set out in paragraphs 63(6)(b) to (f).

Special assessment process