Document ID: chunk:federal_register_of_legislation:C2021A00119:clause:1_165a:p3
Version: federal_register_of_legislation:C2021A00119
Segment Type: clause
Provision Reference: sch 1 cl 165A (pt 3/4)
Character Range: 51979–54815

the redress payment.

Determining participating jurisdiction's share of costs of counselling and psychological component of redress
 (8) Subsections (9) and (10) set out how the Operator must make a determination under subparagraph 29(2)(l)(ii) about the amount of a participating jurisdiction's (the funding jurisdiction's) share of the costs of the counselling and psychological component of redress for a person.
Note: Subparagraph 29(2)(l)(ii) does not apply to a participating jurisdiction if the jurisdiction is the Commonwealth. For how to work out the Commonwealth's share of the costs of the counselling and psychological component, see subsections (11) to (13) of this section.
 (9) The Operator must first work out an amount, in the following way, for each institution for which the Operator determines under paragraph 29(2)(k) that the funding jurisdiction is a funder of last resort in relation to the abuse:
 (a) first, determine, in accordance with section 31, the amount of the institution's share of those costs as if the institution were also a responsible institution;
 (b) then halve the amount worked out under paragraph (a);
 (c) then divide that half by the number of participating jurisdictions that the Operator determines are funders of last resort for the institution in relation to the abuse.
Note 1: If the funding jurisdiction is the only funder of last resort for the institution in relation to the abuse, the amount worked under paragraph (c) will be the same as the half worked out under paragraph (b).
Note 2: If there is more than one funder of last resort for the institution in relation to the abuse, and one of those is the Commonwealth, then, although the Commonwealth's share of the costs of the counselling and psychological component of redress is worked out under subsections (11) to (13) rather than under subsections (8) to (10), the Commonwealth is included in the number of funders of last resort for the purposes of paragraph (b) of this subsection.
 (10) The Operator must then work out the amount of the funding jurisdiction's share of the costs of the counselling and psychological component of redress for the person by adding together the amounts worked out under subsection (9).

Determining Commonwealth's share of costs of counselling and psychological component of redress
 (11) Subsections (12) and (13) set out how the Operator must make a determination under subparagraph 29(2)(l)(iii) about the amount of the Commonwealth's share of the costs of the counselling and psychological component of redress for a person.
 (12) The Operator must first work out an amount, in the following way, for each institution for which the Operator determines under paragraph 29(2)(k) that one or more participating jurisdictions (whether or not the Commonwealth) is a funder of last resort in