Document ID: chunk:federal_register_of_legislation:C2021A00109:clause:2_5:p1
Version: federal_register_of_legislation:C2021A00109
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/2)
Character Range: 16628–19427

5  Subsections 30(3) and (4)
Repeal the subsections (including the heading), substitute:
 (3) The Operator must then work out the amount that is the institutions' total share by adding together the amount of each responsible institution's share of the costs of the redress payment (worked out under subsection (2)).

Working out Commonwealth's share of the costs of redress payment
 (4) The Operator must then work out the amount that is the Commonwealth's share of the costs of the redress payment using the following method statement:

      Method statement
           Step 1. Work out what would be the institutions' total share (i.e. what would be the total worked out under subsection (3)) if the definition of n in step 4 of the method statement in subsection (2) were omitted and the following definition were substituted:
            n is the number of whole years occurring during the period:

                (a) starting when the relevant prior payment was paid to the person; and
                (b) ending when the person made the relevant application for redress under section 19.

           Step 2. The amount of the Commonwealth's share of the costs of the redress payment is the difference between:

                (a) the institutions' total share (worked out under subsection (3)); and
                (b) the amount worked out under step 1 of this method statement.
Note 1: The effect of this subsection is broadly to reverse the adjustment made under step 4 of the method statement in subsection (2) to the extent that adjustment relates to inflation that occurs while the application is being processed. The Commonwealth bears the cost of this reversal.
Note 2: The Commonwealth's share will be nil if:
(a) there are no relevant prior payments; or
(b) for each relevant prior payment, the substitution mentioned in step 1 of the method statement in this subsection does not affect the adjusted amount of the relevant prior payment.

Working out amount of redress payment
 (5) The Operator must then work out the amount of redress payment for the person by:
 (a) adding together:
 (i) the institutions' total share (worked out under subsection (3)); and
 (ii) the Commonwealth's share of the costs of the redress payment (worked out under subsection (4)); and
 (b) subtracting the amount of any advance payment for the person.
The amount of redress payment for the person may be nil but not less than nil.
Note 1: The amount may be nil because of relevant prior payments or an advance payment. However, even though the person may not be paid any redress payment in that case, the person will still be entitled to the other components of redress under the scheme (i.e. the counselling and psychological component and a direct personal response).
Note 2: For funder of last