Document ID: chunk:federal_register_of_legislation:C2024C00613:section:185
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 185
Character Range: 341435–342883

185  Engaging persons to be independent decision‑makers
 (1) The Operator may, on behalf of the Commonwealth, engage a person, under written agreement, to assist in the performance of the functions of the Operator in relation to the making of determinations under section 29 or 75 on applications for redress.
Note: A reference in this section to section 29 or 75 includes a reference to that section as it applies in relation to a reassessment decision because of sections 71D and 71U.
 (2) Before engaging a person under subsection (1), the Operator must consult the participating States and participating Territories in accordance with the National Redress Scheme Agreement.
 (3) A person engaged under subsection (1) is an independent decision‑maker.
 (4) Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 (which deals with general duties of officials), and any rules made under that Act for the purposes of that Subdivision, apply to an independent decision‑maker in the same way as they apply to an official (within the meaning of that Act).
Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include: the duty of care and diligence; the duty to act honestly, in good faith and for a proper purpose; the duties relating to the use of information and position; and the duty to disclose interests.

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