Document ID: chunk:federal_register_of_legislation:C2024C00613:section:42
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 42
Character Range: 98622–100917

42  Accepting the offer of redress
 (1) A person may accept an offer of redress by complying with this section.
 (2) The person must give the Operator a document (the acceptance document) that:
 (a) is in the approved form; and
 (b) states that the person accepts the offer; and
 (c) states that the person releases and forever discharges each of the following institutions and officials (a released institution or official) from all civil liability for abuse of the person that is within the scope of the scheme:
 (i) all participating institutions that are determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse of the person;
 (ii) all participating institutions that are identified in the offer under paragraph 39(g) as being associates of those responsible institutions;
 (iii) all officials of those responsible institutions and associates (other than an official who is an abuser of the person); and
 (d) states that the person forgoes any entitlement to be paid damages by a released institution or official if the released institution or official were joined as a party to civil proceedings brought or continued by the person against another party in relation to abuse of the person that is within the scope of the scheme; and
 (e) states that the person will not, whether as an individual, a representative party or a member of a group, bring or continue any civil claim against a released institution or official in relation to abuse of the person that is within the scope of the scheme; and
 (f) states the components of redress that the person wishes to receive; and
 (g) if the person wishes to receive a direct personal response—specifies the participating institutions and partly‑participating institutions that the person wishes to receive a direct personal response from; and
 (h) acknowledges that the person understands the effect of accepting the offer; and
 (i) is signed by the person; and
 (j) complies with any requirements prescribed by the rules.
 (3) The person must give the Operator the acceptance document:
 (a) before the end of the acceptance period; and
 (b) in the manner (if any) prescribed by the rules.
 (4) Rules made for the purposes of paragraph (2)(j) must not require the person to enter into a confidentiality agreement.