Document ID: chunk:federal_register_of_legislation:C2024A00009:clause:2_71d:p1
Version: federal_register_of_legislation:C2024A00009
Segment Type: clause
Provision Reference: sch 2 cl 71D (pt 1/3)
Character Range: 31730–34605

71D  The Operator must make a reassessment decision
 (1) This section applies if the reassessee has agreed to have the Operator reassess the current determination.
 (2) The Operator must, as soon as practicable, reassess the current determination and make a decision (the reassessment decision), in writing, doing one of the following:
 (a) affirming the current determination;
 (b) setting the current determination aside and substituting a new determination.
Note: A reassessment decision setting the current determination aside and substituting a new determination does not affect the current determination unless the new offer made based on the new determination is accepted. If that occurs, the new determination set out in the reassessment decision is substituted for the current determination (see section 71K).
 (3) The following provisions apply in relation to making the reassessment decision in the same way as they apply in relation to making a determination on an application for redress:
 (a) Division 3 of Part 2‑3 (obtaining information for the purposes of determining the application);
 (b) subsection 29(2) (determination to approve the application), other than paragraph (a) of that subsection;
 (c) sections 30 and 31 (working out amounts of redress payment, counselling and psychological component and share of costs);
 (d) subsection 33(1) (assessment framework policy guidelines);
 (e) subsections 165(2) and (3) (special rules for funder of last resort cases);
 (f) subsections 165A(2) to (13) (special rules for funder of last resort cases—participating jurisdictions).
 (4) For the purposes of applying provisions under subsection (3), apply those provisions in relation to making the reassessment decision, subject to the following:
 (a) treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the reassessment decision because of this Part;
 (b) treat a reference to an offer of redress as a reference to a new offer of redress under section 71G;
 (c) in applying step 4 of the method statement in subsection 30(2):
 (i) in relation to an institution and a relevant prior payment that was paid at a time before the first time the Operator made a determination under section 29 on the application for redress—treat the definition of n as being instead the number of whole years between those times; and
 (ii) in relation to an institution covered by paragraph 71B(1)(f) and a relevant prior payment that was paid after the first time the Operator made a determination under section 29 and before the reassessment decision was made—treat the definition of n as being instead the number of whole years since the relevant prior payment was paid;
 (d) ignore step 4 of the method statement in subsection 30(2) in relation to an institution other than an institution covered by paragraph 71B(1)(f), and