Document ID: chunk:federal_register_of_legislation:C2024C00613:section:71b
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 71B
Character Range: 146555–148891

71B  Reassessment of determinations
 (1) This section applies if:
 (a) a person has made an application for redress under the scheme; and
 (b) the Operator has made a determination to approve the application under section 29 (the current determination); and
 (c) the person has been given an offer of redress and the person has accepted or declined the offer; and
 (d) the Operator has reasonable grounds to believe that an institution identified in the application, or in the course of dealing with the application, may be connected with abuse of the person; and
 (e) at the time the current determination was made, the institution was not a participating institution or listed for a participating jurisdiction under section 164, 164A, 164B or 164C; and
 (f) at a later time, the institution becomes a participating institution or is listed for a participating jurisdiction under section 164, 164A, 164B or 164C.
Note: Generally, when the institution becomes a participating institution or is listed for a participating jurisdiction under section 164, 164A, 164B or 164C, the Operator will invite the person to agree to have the Operator reassess the determination (see section 71S).
 (2) The person (the reassessee) may agree, by written notice given to the Operator, to have the Operator reassess the current determination under this Part.
 (3) A notice under subsection (2) must be given to the Operator at least 12 months before the scheme sunset day, unless the Operator determines there are exceptional circumstances justifying the application being made after that time.

Notice to participating institutions etc.
 (4) The Operator must give written notice of the reassessee's agreement to the following:
 (a) each institution determined in the current determination as a participating institution or partly‑participating institution;
 (b) each participating jurisdiction (other than the Commonwealth) that is determined in the current determination under paragraph 29(2)(k);
 (c) each institution covered by paragraph (1)(f) of this section;
 (d) if an institution covered by paragraph (a) or (c) of this subsection is listed for a participating jurisdiction—that participating jurisdiction.
 (5) However, the Operator does not need to give a notice under subsection (4) in the circumstances (if any) prescribed by the rules.