Document ID: chunk:federal_register_of_legislation:C2024C00613:section:51
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 51
Character Range: 111580–113930

51  The Operator must enable access to the counselling and psychological component of redress
 (1) This section applies if:
 (a) a person is entitled to redress under the scheme (see section 12); and
 (b) the person stated in the acceptance document under section 42 that the person wishes to access the counselling and psychological component of redress.
 (2) If the place where the person lives (as stated in the person's application) is in a participating jurisdiction that is a declared provider of counselling and psychological services under the scheme, then:
 (a) the Operator must, as soon as practicable after the person becomes entitled to redress, refer the person to the participating jurisdiction; and
 (b) the participating jurisdiction must, as soon as practicable after receiving the referral, provide for the delivery of counselling and psychological services under the scheme in accordance with the National Service Standards.
 (3) If subsection (2) does not apply, then the Operator must, as soon as practicable, pay the counselling and psychological services payment to the person.
 (3A) However, if:
 (a) another person is an administrator of the person (as referred to in subsection 48(1A)); and
 (b) the Operator considers that it is appropriate in the circumstances;
then the Operator must pay the counselling and psychological services payment to the administrator.
 (3B) Despite the requirement in subsection (3) or (3A) that the counselling and psychological services payment be paid as soon as practicable, the Operator may pay the counselling and psychological services payment in such instalments, and at such times, (if any) as are agreed to by written agreement between the person or administrator (whichever is applicable) and the Operator.
 (3C) Subsection (3B) does not apply if the person dies before the first instalment is paid.
 (3D) If:
 (a) the Operator pays part of the counselling and psychological services payment in one or more instalments; and
 (b) the person dies before the Operator pays the last instalment;
the Operator must pay the unpaid amount of the payment, in accordance with subsection (3) or (3A), as soon as practicable.
 (4) The rules may prescribe matters relating to the payment of counselling and psychological services payments (including matters relating to payment by instalments).