Document ID: chunk:federal_register_of_legislation:C2024C00613:section:35
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 35
Character Range: 81720–83919

35  Notice of determination to participating institutions
 (1) If:
 (a) the Operator makes a determination under section 29 in relation to a person; and
 (b) a participating institution is specified in the determination;
then the Operator must give the institution written notice of the determination in accordance with subsection (2).
 (1A) If the Operator determined under paragraph 29(2)(g) that the institution is a member of a participating group, the Operator must also give the notice to the representative for the participating group.
 (2) The notice must state:
 (a) whether or not the application has been approved; and
 (b) if the Operator determined under paragraph 29(2)(b) that the institution is responsible for the abuse and therefore liable for providing redress to the person under the scheme:
 (i) that fact; and
 (ii) the amount of the redress payment for the person; and
 (iii) the amount of the institution's share of the costs of that payment; and
 (iiia) the amount of the Commonwealth's share of the costs of that payment; and
 (iiib) if an advance payment for the person has been paid—the amount of the advance payment; and
 (iv) the amount of the counselling and psychological component of redress for the person; and
 (v) the amount of the institution's share of the costs of that component; and
 (c) if the Operator determined under paragraph 29(2)(g) that the institution is a member of a participating group—the participating group; and
 (d) if the Operator determined under paragraph 29(2)(h) that the institution is not responsible for the abuse and therefore not liable for providing redress to the person under the scheme—that fact; and
 (e) if the Operator determined under paragraph 29(2)(i) that the institution is a funder of last resort for a defunct institution—that fact and the number of other institutions that are a funder of last resort for the defunct institution; and
 (f) the reasons for the determination, as they relate to the institution or participating group; and
 (g) the period within which the person may apply under section 73 for review of the determination.
 (3) The notice must also comply with any requirements prescribed by the rules.