Document ID: chunk:federal_register_of_legislation:C2024C00613:section:39:p1
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 39 (pt 1/3)
Character Range: 90450–93437

39  Offer of redress
  If the Operator approves a person's application for redress, the Operator must give the person a written offer of redress that:
 (a) explains the 3 components of redress (i.e. redress payment, access to the counselling and psychological component of redress for the person, and direct personal response); and
 (b) specifies the amount of the redress payment; and
 (ba) if an advance payment for the person has been paid—specifies the amount of the advance payment; and
 (c) specifies whether the counselling and psychological component of redress for the person consists of:
 (i) access to the counselling and psychological services that are provided under the scheme; or
 (ii) the counselling and psychological services payment; and
 (d) if the counselling and psychological component of redress for the person consists of the counselling and psychological services payment—specifies the amount of that payment; and
 (e) specifies the participating institutions determined by the Operator under paragraph 29(2)(b) to be responsible for the abuse and therefore liable for providing redress to the person under the scheme; and
 (f) if any of those responsible institutions is a defunct institution that has a representative:
 (i) specifies the person who is the representative; and
 (ii) explains that the representative is liable for providing redress to the person under the scheme; and
 (g) if the Operator determined under paragraph 29(2)(g) that any of those responsible institutions is a member of a participating group—identifies the other participating institutions, or classes of participating institutions, that are associates of the responsible institution because they are also members of that participating group at the time of the determination; and
 (h) specifies the participating institutions that were identified in the person's application but determined by the Operator under paragraph 29(2)(h) not to be responsible for the person's abuse and therefore not liable for providing redress to the person under the scheme; and
 (i) if one or more of those responsible institutions are a participating government institution that is determined by the Operator under paragraph 29(2)(i) to be a funder of last resort for a defunct institution:
 (i) specifies the defunct institution; and
 (ii) explains that those government institutions are liable for the defunct institution's (hypothetical) share of the costs of providing redress to the person; and
 (iii) explains that a direct personal response is not available to the person in relation to the abuse for which the defunct institution is responsible; and
 (ia) all of the following:
 (i) specifies the institutions determined by the Operator under paragraph 29(2)(j) to be responsible for the abuse;
 (ii) specifies the participating jurisdictions that the Operator has determined under paragraph 29(2)(k) to be funders of last resort for those institutions;
 (iii) explains that those funders of