Document ID: chunk:federal_register_of_legislation:C2021A00109:clause:1_56b
Version: federal_register_of_legislation:C2021A00109
Segment Type: clause
Provision Reference: sch 1 cl 56B
Character Range: 11228–12936

56B  The Operator may make an advance payment
 (1) The Operator may, on behalf of the Commonwealth, pay an amount under this section (an advance payment) for a person if:
 (a) the person has made an application for redress under the scheme; and
 (b) the application includes a statement by the person to the effect that the person has suffered institutional child sexual abuse that occurred:
 (i) inside a participating State; or
 (ii) inside a Territory; or
 (iii) outside Australia; and
 (c) the person was not prevented under section 20 from making the application; and
 (d) the Operator has not made a determination under section 29 to approve, or not approve, the application; and
 (e) the Operator is satisfied that one or more of the following apply:
 (i) the person is aged 70 or over;
 (ii) the person is aged 55 or over and is an Aboriginal person or Torres Strait Islander (both within the meaning of the Aboriginal and Torres Strait Islander Act 2005);
 (iii) the person is terminally ill;
 (iv) there are exceptional circumstances justifying the advance payment being made;
 (v) any other circumstances prescribed by the rules; and
 (f) the person has not died; and
 (g) the Operator considers it appropriate to do so; and
 (h) any requirements prescribed by the rules are satisfied.
 (2) The amount of the advance payment is $10,000.
 (3) The advance payment is payable to:
 (a) the person; or
 (b) if another person is an administrator of the person and the Operator considers it appropriate in the circumstances—the administrator.
 (4) The Operator must give the person written notice of the advance payment.
 (5) The rules may prescribe matters relating to the payment of advance payments.