Document ID: chunk:federal_register_of_legislation:C2024C00613:section:63:p2
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 63 (pt 2/2)
Character Range: 134047–136525

under subsection (4) to each of the following (a specified advisor):
 (i) if the abuse of the person occurred inside a participating State or a participating Territory—the Attorney‑General of the State or Territory, or another person nominated by that Attorney‑General in writing;
 (ii) if the abuse of the person occurred outside a participating State or a participating Territory—the Commonwealth Attorney‑General;
 (iii) if the offence was against a law of a participating State or a participating Territory—the Attorney‑General of the State or Territory, or another person nominated by that Attorney‑General in writing;
 (iv) if the offence was against a law not covered by subparagraph (iii)—the Commonwealth Attorney‑General.
 (4) The notice must:
 (a) request the specified advisor to provide advice about whether the Operator should make a determination under subsection (5); and
 (b) include sufficient information to enable the specified advisor to provide that advice; and
 (c) specify the period (which must be at least 28 days starting on the date of the notice) in which the specified advisor may provide that advice.
 (5) The Operator may determine that the person is not prevented from being entitled to redress under the scheme if the Operator is satisfied that providing redress to the person under the scheme would not:
 (a) bring the scheme into disrepute; or
 (b) adversely affect public confidence in, or support for, the scheme.
 (6) When making a determination under subsection (5), the Operator must take into account:
 (a) any advice given by a specified advisor in the period referred to in the notice; and
 (b) the nature of the offence; and
 (c) the length of the sentence of imprisonment; and
 (d) the length of time since the person committed the offence; and
 (e) any rehabilitation of the person; and
 (f) any other matter that the Operator considers is relevant.
 (7) When taking into account the matters set out in subsection (6), the Operator must give greater weight to any advice that:
 (a) is given by a specified advisor from the jurisdiction in which the abuse of the person occurred; and
 (b) is given in the period referred to in the notice;
than to any other matter.
 (8) The rules may prescribe matters relating to the giving of notices to a person or a participating institution in relation to a determination under subsection (5).

Division 3—Security notices

Subdivision A—No entitlement to redress while security notice in force