Document ID: chunk:federal_register_of_legislation:C2024C00613:section:38
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 38
Character Range: 88579–90450

38  Simplified outline of this Part

      If the Operator approves a person's application for redress, the Operator must give the person a written offer of redress. The offer must include the information set out in section 39. The person may accept or decline the offer.
      If the person wishes to accept the offer, he or she must do so by giving the Operator, within the acceptance period, an acceptance document that complies with section 42. If the person accepts the offer, then the person will be provided with redress under the scheme. The person also releases all the participating institutions determined by the Operator to be responsible for the abuse (as well as the officials of those institutions, the associates of those institutions and the officials of the associates of those institutions) from all civil liability for the abuse of the person. However, the abuser is not released from liability for the abuse.
      If the person accepts the offer, the Operator must notify the participating institutions determined by the Operator to be responsible for the abuse of the person's acceptance of the offer (including the components of redress that the person wishes to receive). If the Operator has determined that one or more funders of last resort for one or more institutions are liable for providing redress, the Operator must also notify:
             (a) those funders of last resort; and
             (b) if any of those institutions are partly‑participating institutions—those partly‑participating institutions.
      If the person declines the offer (either by formally declining, or by doing nothing, in the acceptance period), the person is not required to release any institution or official from civil liability for the abuse of the person, but the person will not be provided with redress under the scheme.

Division 2—Offers of redress