Document ID: chunk:federal_register_of_legislation:C2021A00119:clause:1_165a:p1
Version: federal_register_of_legislation:C2021A00119
Segment Type: clause
Provision Reference: sch 1 cl 165A (pt 1/4)
Character Range: 46916–49731

165A  Special rules for funder of last resort cases—participating jurisdictions

Effect of participating jurisdiction being funder of last resort
 (1) If the Operator determines:
 (a) under paragraph 29(2)(j) that an institution is responsible for abuse of a person; and
 (b) under paragraph 29(2)(k) that one or more participating jurisdictions are a funder of last resort for the institution in relation to the abuse;
then each of those jurisdictions are proportionally liable, in accordance with this section, for half of what the institution would have been liable to pay in relation to providing redress to the person, had the institution been a participating institution. The Commonwealth bears the other half.

Determining amount of redress payment
 (2) When determining under subparagraph 29(2)(c)(i) the amount of a redress payment for a person, the Operator must apply subsections 30(2) to (5) as if each institution:
 (a) that the Operator determines under paragraph 29(2)(j) is responsible for the abuse; and
 (b) 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.

Determining amount of participating jurisdiction's share of redress payment
 (3) Subsections (4) and (5) set out how the Operator must make a determination under subparagraph 29(2)(l)(i) about the amount of a participating jurisdiction's (the funding jurisdiction's) share of the costs of a redress payment for a person.
Note: Subparagraph 29(2)(l)(i) does not apply to a participating jurisdiction if the jurisdiction is the Commonwealth. For the Commonwealth's share of the costs of the redress payment, see subsections (6) and (7) of this section.
 (4) The Operator must first work out an amount, in the following way, for each institution for which the Operator determines under paragraph 29(2)(k) that the funding jurisdiction is a funder of last resort in relation to the abuse:
 (a) first, halve the amount worked out under subsection 30(2) (as applying because of subsection (2) of this section) as the amount of the institution's share of the costs of the redress payment;
 (b) then divide that half by the number of participating jurisdictions that are funders of last resort for the institution in relation to the abuse.
Note 1: If the funding jurisdiction is the only funder of last resort for the institution in relation to the abuse, the amount worked under paragraph (b) will be the same as the half worked out under paragraph (a).
Note 2: If 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