Document ID: chunk:federal_register_of_legislation:C2024C00613:section:29:p1
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 29 (pt 1/4)
Character Range: 63002–65953

29  The Operator must make a determination on the application

Requirement for the Operator to make a determination
 (1) If a person makes an application for redress, the Operator must make a determination to approve, or not approve, the application as soon as practicable.

Determination to approve application
 (2) If the Operator considers that there is a reasonable likelihood that the person is eligible for redress, then the Operator must:
 (a) approve the application; and
 (b) determine each participating institution that is responsible for the abuse (see section 15) and therefore liable for providing redress to the person under the scheme; and
 (c) determine, in accordance with section 30:
 (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
 (d) determine, in accordance with section 31:
 (i) the amount of the counselling and psychological component of redress for the person; and
 (ii) the amount of each responsible institution's share of the costs of that component; and
 (e) determine whether the counselling and psychological component of redress for the person consists of:
 (i) access to the counselling and psychological services that are provided under the scheme; or
 (ii) a counselling and psychological services payment; and
 (f) if the counselling and psychological component of redress for the person consists of a counselling and psychological services payment—determine that the amount of the payment equals the amount of the counselling and psychological component of redress for the person; and
 (g) for each responsible institution—determine the participating group (if any) of which the responsible institution is a member at that time; and
 (h) for a participating institution that was identified in the application and is not covered by a determination under paragraph (b)—determine that the participating institution is not responsible for the abuse and therefore not liable for providing redress to the person under the scheme; and
 (i) if:
 (i) the Operator determines, in accordance with section 15, that a participating government institution is equally responsible with a defunct institution for the abuse; and
 (ii) the defunct institution is listed for the participating jurisdiction that the participating government institution belongs to under section 164;
  determine that the participating government institution is a funder of last resort for the defunct institution in relation to the abuse; and
 (j) determine each of the following institutions that is responsible for the abuse (see section 15):
 (i) a defunct institution that is listed for a participating jurisdiction under section 164A and that the Operator does not determine is equally responsible with a participating government institution for the