Document ID: chunk:federal_register_of_legislation:F2025C00180:reg:17
Version: federal_register_of_legislation:F2025C00180
Segment Type: reg
Provision Reference: reg 17
Character Range: 33825–35925

17  Circumstances in which determination may or must be revoked
 (1) For the purposes of subsection 29(4) of the Act, this section provides for when the Operator may or must revoke under that subsection a determination made under subsection 29(2) or (3) of the Act in relation to abuse of a person.
Note: Under subsection 29(5) of the Act, if the person has been given an offer of redress as a result of the determination, the determination can be revoked only before the offer is accepted.

When determination may be revoked
 (2) The Operator may revoke the determination if, after the Operator made the determination, the Operator receives information that:
 (a) the Operator did not have before making the determination; and
 (b) is such that, had the Operator had the information before making the determination, the Operator would not have made the determination or would have made a different determination.

When determination must be revoked
 (3) However, the Operator must revoke the determination if, after the Operator made the determination, the Operator:
 (a) receives notification from the person under section 74 (about acceptance of an offer of payment relating to the abuse); or
 (b) is informed (for the first time) that a payment covered by subsection (4) was paid to the person before or after the determination was made.
 (4) This subsection covers the following:
 (a) a payment paid to the person under an order described in paragraphs 11(1)(a) and (b);
 (b) a payment paid to the person by, or on behalf of, a responsible institution in relation to abuse for which the institution is responsible, except to the extent that the payment is covered by any of subsections 26(3), (4) and (5).
Note 1: Paragraphs 11(1)(a) and (b) deal with an order by a court that an institution pay compensation or damages for abuse of the person, causing the institution not to be responsible.
Note 2: Subsections 26(3), (4) and (5) prescribe the extent to which payments are not relevant prior payments.

Part 6—Sharing of costs of redress components

Division 1—Simplified outline of this Part