Document ID: chunk:federal_register_of_legislation:F2025C00180:reg:71
Version: federal_register_of_legislation:F2025C00180
Segment Type: reg
Provision Reference: reg 71
Character Range: 118100–119982

71  Overriding provisions in settlements inhibiting access to the scheme
 (1) For the purposes of paragraph 179(2)(e) of the Act, this section applies to a provision that:
 (a) is a provision of an agreement or deed, under which a person releases a participating institution or institutions that are listed for a participating jurisdiction under sections 164, 164A, 164B or 164C of the Act from liability for abuse of the person that is within the scope of the scheme; and
 (b) apart from this section, would have the effect of preventing, prohibiting, limiting or otherwise inhibiting any of the following:
 (i) the person applying for or receiving redress under the scheme;
 (ii) the institution or participating institution or participating jurisdiction having a liability, or making a payment, provided for by the Act or this instrument in connection with abuse of the person;
 (iii) disclosure by the person or the participating institution, partly‑participating institution, institution listed for a participating jurisdiction under section 164C or a participating jurisdiction that is the funder of last resort for an institution listed under sections 164, 164A, 164B or 164C, in connection with the operation of the scheme, of information about the abuse, the agreement or deed or a payment made under the agreement or deed.
Note: Some examples of disclosure in connection with the operation of the scheme are disclosure in an application by the person for redress under the scheme, in response to a request made by the Operator under Division 3 of Part 2‑3 of the Act or in a notice required under this instrument in relation to a payment under the agreement or deed.
 (2) The provision does not have that effect, and is not enforceable so far as it would have that effect.
Note: This does not limit any other effects of the provision.

Division 3—Notices to the Operator