Document ID: chunk:federal_register_of_legislation:F2025L00132:schedule:1:p1
Version: federal_register_of_legislation:F2025L00132
Segment Type: schedule
Provision Reference: sch 1 (pt 1/5)
Character Range: 1016–3988

Schedule 1—Amendments

National Redress Scheme for Institutional Child Sexual Abuse Rules 2018

     1.         Section 15B (table item 2, column 2, paragraph (e))
    Omit "20P", substitute "21N".

     1.         Section 15B (table item 2, column 2, paragraph (g))
    After "sections", insert "79Q,".

     1.         Section 15B (table item 2, column 2, paragraph (m))
    Omit "section", substitution "sections 45 and 49D".

     1.         After section 29
Insert:

 Division 7—Special rules for crediting reassessment surplus to institutions and funder of last resort

29A Special rules for crediting reassessment surplus to institutions and funder of last resort
          1.     This section is made for the purposes of paragraph 71Z(3)(b) of the Act.
          2.     In the case of a defunct institution, that is not a participating institution, the Operator will undertake best endeavours to pay the surplus to the following person in the specified order:
                  1.     First to each person identified in accordance with the constitution or other governing documents of the institution.
                  2.     If the person identified in paragraph (a) is not available or cannot accept the payment, to each person identified in accordance with the directions of a liquidator.
                  3.     If the person identified in paragraph (a) and (b) is not available or cannot accept the payment, to each person that may have taken responsibility for the defunct institution.

     1.         After section 31 note 3
Insert:

 Note 4: Per subsection 71H(2) of the Act, section 31 of the Rules also applies to acceptance documents made for a new offer of redress based on a reassessment decision.

     1.         Section 32 Simplified outline of this Part
Repeal the simplified outline, and substitute:

      A person's redress payment or counselling and psychological services payment must be paid to a bank account nominated by a person or, if it cannot be paid to that account because the account has been closed after the person's death, a bank account nominated by the person's executor or administrator.
      If the redress payment or counselling and psychological services payment is required to be paid to an administrator appointed to make certain decisions on behalf of a person, it must be paid to a bank account nominated by the administrator.
      If the applicant for redress dies before the Operator has determined the application or before an offer of redress arising from the application has been accepted, the Operator must give notice relating to any additional redress payment payable as a result of a decision on the application 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 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