Document ID: chunk:federal_register_of_legislation:C2024C00613:section:165:p1
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 165 (pt 1/2)
Character Range: 310530–313372

165  Special rules for funder of last resort cases

Effect of government institution being funder of last resort
 (1) If the Operator determines under paragraph 29(2)(i) that:
 (a) one or more participating government institutions are equally responsible with a defunct institution for abuse of a person; and
 (b) one or more of those government institutions (the funding institutions) are a funder of last resort for the defunct institution in relation to the abuse;
then each of those funding institutions are proportionally liable, in accordance with this section, for what the defunct institution would have been liable to pay in relation to providing redress to the person, had the defunct institution been a participating institution.

Redress payment
 (2) When determining under paragraph 29(2)(c) the amount of the redress payment for the person, the amount of a funding institution's share of the costs of that payment and the amount of the Commonwealth's share of the costs of that payment, the Operator must:
 (a) apply subsections 30(2) to (4) as if the defunct institution were also a responsible institution in relation to the abuse; and
 (b) divide the amount worked out under subsection 30(2) (as applying because of paragraph (a) of this subsection) as the amount of the defunct institution's share of the costs of the redress payment (to the extent that it relates to the abuse) by the number of funding institutions; and
 (c) in determining the amount of a funding institution's share—add the amount worked out under paragraph (b) to what, apart from this section, would have been that funding institution's share of the costs of the redress payment.

Counselling and psychological component
 (3) When determining under paragraph 29(2)(d) the amount of a funding institution's share of the costs of the counselling and psychological component of redress for the person, the Operator must:
 (a) determine, in accordance with section 31, the amount of the defunct institution's share of those costs as if the defunct institution were also a responsible institution; and
 (b) divide that amount by the number of funding institutions; and
 (c) add the amount worked out under paragraph (b) to what, apart from this section, would have been the amount of that funding institution's share of those costs.

Scheme administration costs
 (4) When determining under subsection 152(2) a funding institution's contribution to the costs of the administration of the scheme for a quarter, the Operator must:
 (a) determine the amount of the defunct institution's contribution to those costs as if the defunct institution were a participating institution; and
 (b) divide that amount by the number of funding institutions; and
 (c) add the amount worked out under paragraph (b) to what, apart from this section, would have been the amount