Document ID: chunk:federal_register_of_legislation:C2024C00613:section:116
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 116
Character Range: 241800–244710

116  Institutions ceasing to be participating institutions

Revoking the declaration
 (1) An institution ceases to be a participating institution if the declaration made under subsection 115(2) in relation to the institution is revoked under subsection (2), (3), (4) or (5) of this section.
 (2) The Minister may, by notifiable instrument, revoke a declaration made under subsection 115(2) in relation to an institution.
Note: If the declaration is revoked, the institution will cease to be a participating institution. However, it will still be a participating institution in relation to a person who made an application for redress before the declaration is revoked (see subsection (7)).

Minister must revoke on request
 (3) If:
 (a) a participating State requests the Minister in writing to revoke a declaration made under subsection 115(2) in relation to a State institution; or
 (b) a participating Territory requests the Minister in writing to revoke a declaration made under subsection 115(2) in relation to a Territory institution; or
 (c) a participating non‑government institution (other than a defunct institution) requests the Minister in writing to revoke a declaration made under subsection 115(2) in relation to the institution;
then the Minister must, by notifiable instrument, revoke the declaration as soon as practicable.

Minister must revoke if no representative
 (4) If a defunct participating non‑government institution ceases to have a representative, then the Minister must revoke the declaration made under subsection 115(2) in relation to the institution as soon as practicable.
 (5) If a participating unincorporated lone institution ceases to have a representative, then the Minister must revoke the declaration made under subsection 115(2) in relation to the institution as soon as practicable.

No revocation unless requirements in rules satisfied
 (6) Despite subsections (2), (3), (4) and (5), the Minister must not revoke a declaration made under subsection 115(2) in relation to an institution unless any requirements prescribed by the rules in relation to the revocation are satisfied.

Institution continues to be participating institution for limited time
 (7) If the Minister revokes a declaration made under subsection 115(2) in relation to an institution, then, despite the revocation, the institution continues to be a participating institution in relation to a person who made an application for redress before the revocation, as if the declaration were still in force.
Example: If the Operator determines that the institution is responsible for the abuse of the person, the institution will still be required to provide a direct personal response to the person (if the person chooses that component of redress) and pay funding contribution in relation to the person.

Division 4—Participating defunct institutions

Subdivision A—Participating defunct institutions