Document ID: chunk:federal_register_of_legislation:C2024C00613:section:36
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 36
Character Range: 86204–87328

36  Effect of determination
 (1) A determination by the Operator under section 29 has effect only for the purposes of the scheme.
 (2) In particular, a determination under section 29 that:
 (a) an institution is, or is not, responsible for the abuse of a person; or
 (b) an institution or funder of last resort is, or is not, liable to provide redress to a person;
is not a finding of law or fact made by a court in civil or criminal proceedings.
Note: The determination is an administrative decision that is made by the Operator on the basis of whether the Operator considers there to be a reasonable likelihood that the person is eligible for redress. It is not a judicial decision made by a court in civil or criminal proceedings on the basis of a higher standard of proof.
 (3) However, a determination under section 29 that:
 (a) an institution is responsible for abuse of a person; or
 (b) an institution or funder of last resort is liable to provide redress;
may result in the imposition of a civil liability on the institution or funder of last resort to make payments under the scheme in relation to that redress.