Document ID: chunk:federal_register_of_legislation:F2025C00180:reg:29
Version: federal_register_of_legislation:F2025C00180
Segment Type: reg
Provision Reference: reg 29
Character Range: 56616–59277

29  Special rules if institution ordered by court to pay compensation or damages for abuse
 (1) This section applies if:
 (a) because of subsection 11(2) an institution (the defendant institution) is not responsible for abuse of a person; and
 (b) one or more other institutions are responsible institutions in relation to that abuse.
Note: Subsection 11(2) basically provides that an institution is not responsible for abuse of a person if a court orders the institution to pay compensation or damages to the person for the abuse.

Modified operation of Division 2
 (2) This section modifies the operation of Division 2 for the purposes of working out the amount that:
 (a) is a responsible institution's share of the maximum amount of redress payment that could be payable to the person; and
 (b) is worked out under step 1 of the redress payment method statement.
 (3) For the purposes of working out the amount described in subsection (2) for every institution that the Operator has determined under paragraph 29(2)(b) of the Act is responsible for abuse of the person, Division 2 of this Part (except subsection 20(1)) applies as if the defendant institution:
 (a) were responsible for abuse of the person despite subsection 11(2); and
 (b) were a responsible institution in relation to the abuse; and
 (c) if the defendant institution would, apart from subsection 11(2), have been equally responsible with one or more other institutions for the abuse—were equally responsible for the abuse unless each of the other institutions is treated as being responsible for the abuse only because of another application of this subsection.

Modified operation of subsection 26(6)
 (4) Subsection 26(6) (about the extent to which an amount paid by or on behalf of a responsible institution is a relevant prior payment) applies as if the defendant institution were a responsible institution.

Effect on subsection 27(3)
 (5) To avoid doubt, for the purposes of working out the amount that is a responsible institution's share of the costs of the counselling and psychological component of redress for the person:
 (a) the institution's gross liability amount worked out under step 2 of the redress payment method statement for the person is affected by subsections (2) and (3) of this subsection; and
 (b) the defendant institution is not to be treated as a responsible institution for the purposes of working out the total of gross liability amounts of all responsible institutions worked out under step 2 of the redress payment method statement for the person.

Division 7—Special rules for crediting reassessment surplus to institutions and funder of last resort