Document ID: chunk:federal_register_of_legislation:C2021A00119:clause:1_165a:p2
Version: federal_register_of_legislation:C2021A00119
Segment Type: clause
Provision Reference: sch 1 cl 165A (pt 2/4)
Character Range: 49509–52274

there is more than one funder of last resort for the institution in relation to the abuse, and one of those is the Commonwealth, then, although the Commonwealth's share of the costs of the redress payment is not worked out under subsections (3) to (5), the Commonwealth is included in the number of funders of last resort for the purposes of paragraph (b) of this subsection.
 (5) The Operator must then work out the amount of the funding jurisdiction's share of the costs of the redress payment for the person by adding together the amounts worked out under subsection (4) of this section.

Determining amount of Commonwealth's share of redress payment
 (6) When determining under subparagraph 29(2)(c)(iii) the amount of the Commonwealth's share of the costs of a redress payment for the person, the Operator must:
 (a) apply subsections 30(2) to (4) as if each institution:
 (i) that the Operator determines under paragraph 29(2)(j) is responsible for the abuse; and
 (ii) for which the Operator determines under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort in relation to the abuse;
  were also a responsible institution in relation to the abuse; and
 (b) for each institution to which paragraph (a) of this subsection applies:
 (i) work out an amount under subsection (7); and
 (ii) add that amount to what, apart from this paragraph, would have been the amount of the Commonwealth's share of those costs.
 (7) For the purposes of subparagraph (6)(b)(i), the Operator must:
 (a) first, halve the amount worked out under subsection 30(2) (as applying because of paragraph (6)(a) of this section) as the amount of the institution's share of the costs of the redress payment; and
 (b) if the Operator determines that the Commonwealth is a funder of last resort for the institution in relation to the abuse—then:
 (i) divide that half by the number of participating jurisdictions that the Operator determines are funders of last resort for the institution in relation to the abuse; and
 (ii) add the half worked out under paragraph (a) to the amount worked out under subparagraph (i) of this paragraph.
Note: If the Commonwealth is the only funder of last resort for the institution in relation to the abuse, the amount worked out under this subsection will be the whole of the amount worked out under subsection 30(2) (as applying because of paragraph (6)(a) of this section) as the amount of the institution's share of the costs of the redress payment.

Determining participating jurisdiction's share of costs of counselling and psychological component of redress
 (8) Subsections (9) and (10) set out how the Operator must make a determination under subparagraph 29(2)(l)(ii) about the amount of a participating jurisdiction's