Document ID: chunk:federal_register_of_legislation:C2024C00613:section:58
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 58
Character Range: 125138–127063

58  Person dies before determination is made on application for redress
 (1) This section applies if:
 (a) a person makes an application for redress under section 19; and
 (b) the person dies before a determination on the application is made under section 29.
 (2) The Operator must continue to deal with the application as if the person had not died.
 (3) If the Operator approves the application under paragraph 29(2)(a), then the Operator must:
 (a) determine, under paragraph 29(2)(b), each participating institution that is responsible for the abuse; and
 (b) determine, under paragraph 29(2)(c):
 (i) the amount of the redress payment for the person; and
 (ii) the amount of each responsible institution's share of the costs of the redress payment; and
 (iii) the amount of the Commonwealth's share of the costs of the redress payment; and
 (c) if paragraph 29(2)(i) applies to a participating government institution and a defunct institution—determine, under that paragraph, that the participating government institution is a funder of last resort for the defunct institution; and
 (d) if paragraph 29(2)(j) applies to an institution—determine, under that paragraph, that the institution is responsible for the abuse; and
 (e) if paragraph 29(2)(k) applies to a participating jurisdiction in relation to one or more institutions—determine:
 (i) under that paragraph, that the participating jurisdiction is a funder of last resort for each of those institutions in relation to the abuse; and
 (ii) under paragraph 29(2)(l), the amount of the jurisdiction's share of the costs of the redress payment for the person.
 (4) The redress payment for the person is payable in accordance with section 60.
 (5) The rules may prescribe matters relating to the giving of notices to a person, a participating institution, a partly‑participating institution or a funder of last resort in relation to the operation of this section.