Document ID: chunk:federal_register_of_legislation:F2025L00132:schedule:1:p2
Version: federal_register_of_legislation:F2025L00132
Segment Type: schedule
Provision Reference: sch 1 (pt 2/5)
Character Range: 3743–6669

was applied for, but not completed, before the applicant died).
      If the reassessee dies before a reassessment decision is made or before a new offer of redress is accepted, declined or withdrawn the Operator must give notice relating to any additional redress payment payable as a result of a reassessment decision or on review of such a decision (if the review was applied for, but not completed, before the applicant died).
      If the reassessee dies before their current determination was identified for reassessment, and a new determination is made as a result of the reassessment, the Operator must give notice relating to any additional redress payment payable as a result of the reassessment decision.

     1.         After section 35
Insert:

 35A Notice of effect of section 71M of the Act
        1.     This section is made for the purposes of subsection 71M(5) of the Act.
        2.     If subsection 71M(4) applies, the Operator must give written notice of the reassessment decision to the person the Operator considers most appropriate in place of the reassessee.

       Note 1: Subsection 71M(3) of the Act applies if, before the reassessee died, they made an application under section 71T for review of the reassessment decision, the offer is withdrawn and the application for review continues as if the reassessee had not died.

       Note 2: Sections 35 and 35A of the Act require institutions and funders of last resort specified in the determination to be given notice to.
        1.     The notice must state:
                1.    the reasons for the review of the reassessment decision; and
                2.    the total amount of redress payable; and
                3.    if the reassessment decision results in a redress payment amount which is more than the current determination, the difference between the amount in the current determination and the amount of the additional redress payment.

35B Notice of effect of section 71N of the Act
        1.     This section is made for the purposes of subsection 71N(4) of the Act.
        2.     If subsection 71N(3) applies, the Operator must give written notice of the reassessment decision to each person the Operator considers most appropriate in place of the reassessee.

       Note 1: Section 71N of the Act requires a reassessment to be determined despite the death of the applicant.

       Note 2: Sections 35 and 35A of the Act require institutions and funders of last resort specified in the determination to be given notice too.
        1.     The notice must state:
          1.    the reasons for the reassessment decision; and
          2.    the total amount of redress payable; and
          3.    if the reassessment decision results in a redress payment amount which is more than the current determination, the difference between the amount in the current determination and the amount of the additional redress payment.