NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE AMENDMENT BILL 2023

2022-2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

National Redress Scheme for

Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(Social Services)

A Bill for an Act to amend the

National Redress

Scheme for Institutional Child Sexual Abuse Act

2018

, and for related purposes

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

Contents

Short title ................................................................................................ 1

Commencement ..................................................................................... 1

Schedules ............................................................................................... 2

Schedule 1

Amendments to existing processes

Part 1

Review of determinations

National Redress Scheme for Institutional Child Sexual Abuse Act

2018

Part 2

Serious criminal convictions and applications by

persons in gaol

National Redress Scheme for Institutional Child Sexual Abuse Act

2018

Part 3

Protected information

Division 1

Main amendments

National Redress Scheme for Institutional Child Sexual Abuse Act

2018

Division 2

Other amendments

Freedom of Information Act 1982

Part 4

Funder of last resort

National Redress Scheme for Institutional Child Sexual Abuse Act

2018

Part 5

Application and transitional provisions

National Redress Scheme for Institutional Child Sexual Abuse Act

2018

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse Act

2018

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

A Bill for an Act to amend the

National Redress

Scheme for Institutional Child Sexual Abuse Act

2018

, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

National Redress Scheme for Institutional Child

Sexual Abuse Amendment Act 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The day after the end of the period of 7 days

beginning on the day this Act receives the

Royal Assent.

3. Schedule 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments to existing processes

Schedule 1

Review of determinations

Part 1

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

Schedule

1--Amendments to existing

processes

Part

1--Review of determinations

National Redress Scheme for Institutional Child Sexual

Abuse Act 2018

1 Section 72

Omit:

An application for review must be made within the period specified

in the notice of determination given by the Operator to the person

under section 34.

substitute:

An application for review must be made within the period specified

in the notice of determination given by the Operator to the person

under section 34. The application may be accompanied by

information and documents the person considers may be relevant

to the review of the determination.

The reviewer may request the person who applied for review and

participating institutions or partly-participating institutions to

provide further information that may be relevant to the review (see

sections 75A and 75B).

2 At the end of section 73

Add:

(3) The application for review may be accompanied by information

and documents the person considers may be relevant to the review

of the original determination.

3 Subsection 75(2)

After

person

, insert

(the

reviewer

)

Schedule 1

Amendments to existing processes

Part 1

Review of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

4 Subsection 75(3)

Repeal the subsection, substitute:

(3) When reviewing the original determination, the reviewer may have

regard to the following:

(a) the information and documents that were available to the

person who made the original determination;

(b) any information and documents that accompany the

application for review;

(4) The review determination must not have the effect of reducing the

amount of the redress payment determined in the original

determination, unless the reviewer is satisfied that:

(a) either:

(i) the reduction is the result of considering information

mentioned in paragraph (3)(b) or (c); or

(ii) the Operator has reasonable grounds to believe that

information given, a document produced, or a statement

made to an officer of the scheme in relation to the

application for redress, or the application for review, is

false or misleading in a material particular; and

(b) the reduction is appropriate, having regard to the principles

set out in section 10.

Note:

A person may be liable to a civil penalty or commit an offence if the

person gives information, produces a document or makes a statement

to an officer of the scheme and the person knows, or is reckless as to

whether, the information, document or statement is false or misleading

in a material particular (see section 28 of this Act and sections 136.1,

137.1 and 137.2 of the

Criminal Code

5 After section 75

Insert:

75A Obtaining further information for the review from the

applicant

(1) If the reviewer has reasonable grounds to believe that the person

who has applied for review has information that may be relevant to

Amendments to existing processes

Schedule 1

Review of determinations

Part 1

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

the review, then the reviewer may request the person to give the

information to the reviewer.

(2) Subsections 24(2) to (7) apply in relation to the request by the

reviewer to the person in the same way as they apply in relation to

a request under subsection 24(1) by the Operator to a person.

(3) For the purposes of subsection (2) of this section, in applying

subsections 24(2) to (7), treat references to section 24 and its

subsections as references to those provisions as they apply in

relation to the request because of this section.

(4) If the information requested is not provided within the production

period mentioned in paragraph 24(3)(c) (as it applies in relation to

the request by the reviewer), the reviewer is not required to make

the review determination until the information is provided.

75B Obtaining further information for the review from institutions

(1) If the reviewer has reasonable grounds to believe that a

participating institution or partly-participating institution has

information that may be relevant to the review, then the reviewer

may request the institution to give the information to the reviewer.

(2) Subsections 25(3) to (8) apply in relation to the request by the

reviewer to the institution in the same way as they apply in relation

to a request under subsection 25(2) by the Operator to a

participating institution or partly-participating institution.

(3) For the purposes of subsection (2) of this section, in applying

subsections 25(3) to (8), treat references to section 25 and its

subsections as references to those provisions as they apply in

relation to the request because of this section.

(4) If the information requested is not provided within the production

period mentioned in paragraph 25(4)(c) (as it applies in relation to

the request by the reviewer), the reviewer may conduct the review

and make the review determination on the basis of the information

that has been obtained by, or provided to, the reviewer.

Schedule 1

Amendments to existing processes

Part 1

Review of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

75C State or Territory laws do not prevent complying with request

Nothing in a law of a State or a Territory prevents a person from

giving information that the person is requested to give to the

reviewer under section 75A or 75B unless that law is prescribed by

the rules.

Note:

Section 28 (false or misleading information, documents or statements)

applies in relation to a request made under section 75A or 75B.

Amendments to existing processes

Schedule 1

Serious criminal convictions and applications by persons in gaol

Part 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

Part

2--Serious criminal convictions and

applications by persons in gaol

National Redress Scheme for Institutional Child Sexual

Abuse Act 2018

6 Paragraph 20(1)(d)

Repeal the paragraph.

7 Subsection 20(2)

Omit

Paragraphs (1)(d) and (e) do

, substitute

Paragraph (1)(e) does

8 Section 62

Omit:

If a person is sentenced to imprisonment for 5 years or longer for

an offence against the law of the Commonwealth, a State, a

Territory or a foreign country, the person will not be entitled to

redress unless the Operator makes a determination under

subsection 63(5). Division 2 deals with that case.

substitute:

A person is not entitled to redress under the scheme if:

(a) the person is sentenced to imprisonment for 5 years or

longer for unlawful killing, a sexual offence, a terrorism

offence, or certain related offences; or

(b) the Operator has determined under subsection 63(2B)

that the person should undergo a special assessment

process;

unless the Operator makes a determination under subsection 63(5).

Division 2 deals with that case.

9 Subsection 63(2)

Repeal the subsection, substitute:

Schedule 1

Amendments to existing processes

Part 2

Serious criminal convictions and applications by persons in gaol

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(2) For the purposes of subsection 12(4), the person is not entitled to

redress under the scheme if:

(a) the sentence mentioned in paragraph (1)(b) of this section is

for any of the following offences:

(i) unlawful killing, attempting to commit an unlawful

killing, or conspiring to commit an unlawful killing;

(ii) a sexual offence or an offence that includes the intention

to commit a sexual offence;

(iii) a terrorism offence within the meaning of the

Crimes

Act 1914

;

(iv) an offence against a law of a State, a Territory or a

foreign country that the Operator is satisfied is

substantially similar to a terrorism offence within the

meaning of the

Crimes Act 1914

; or

(b) the Operator has determined under subsection (2B) of this

section that the person should undergo a special assessment

process;

unless there is a determination in force under subsection (5) of this

section that the person is not prevented from being entitled to

redress.

Consideration of whether person should undergo a special

assessment process

(2A) As soon as practicable after becoming aware of the person

sentence, and if paragraph (2)(a) does not apply, the Operator must

consider whether the person should undergo a special assessment

process.

(2B) The Operator may determine that the person should undergo a

special assessment process if the Operator considers there are

exceptional circumstances that make it likely that providing redress

to the person under the scheme may bring the scheme into

disrepute or adversely affect public confidence in, or support for,

the scheme.

(2C) When making a determination under subsection (2B), the Operator

may have regard to the matters set out in paragraphs 63(6)(b) to (f).

Amendments to existing processes

Schedule 1

Serious criminal convictions and applications by persons in gaol

Part 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

Special assessment process

10 Subsection 63(3)

Omit all the words before paragraph (a), substitute:

(3) If:

(aa) the person

s sentence is for an offence covered by

paragraph (2)(a); or

(ab) the Operator has determined under subsection (2B) that the

person should undergo a special assessment process;

the Operator must, as soon as practicable after becoming aware of

the sentence or making the determination:

Schedule 1

Amendments to existing processes

Part 3

Protected information

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Part

3--Protected information

Division 1

Main amendments

National Redress Scheme for Institutional Child Sexual

Abuse Act 2018

11 After section 95A

Insert:

95B Additional authorisation

Operator disclosing to applicant that

institution is not participating in the scheme

(1) The Operator may disclose to a person that a non-government

institution is not a participating institution if:

(a) either or both of the following apply:

(i) the person has applied for redress under the scheme and

the application identifies the institution as being

involved in the abuse of the person;

(ii) the Operator has reasonable grounds to believe that the

institution may be connected with abuse of the person

that is within the scope of the scheme; and

(b) the institution is not a participating institution or a

partly-participating institution.

(2) The Operator may also disclose to the person any of the matters set

out in paragraphs 95A(2)(c) to (i) that are applicable.

(3) To avoid doubt, the Operator may disclose information under this

section even if the information is protected information.

(4) In making a disclosure to the person under this section, the

Operator must not disclose the identity of any other person who:

(a) has applied for redress under the scheme; or

(b) the Operator has reasonable grounds to believe may have

been abused.

Amendments to existing processes

Schedule 1

Protected information

Part 3

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

12 After section 96

Insert:

96A Additional authorisation

Operator disclosing to public trustee

etc. in relation to financial management orders

(1) The Operator may disclose protected information for any of the

purposes specified in subsection (2) to a government institution

specified in subsection (3) if:

(a) the protected information is about a person who applied for

redress (the

applicant

); and

(b) the Operator believes, on reasonable grounds, that the

applicant is, or may become, subject to an order (a

financial

management order

) under which another person is appointed

by a court, tribunal or board, or other entity prescribed by the

rules, under a law of the Commonwealth, a State or a

Territory to manage all or part of the

person's

property or

financial affairs or matters.

(2) The Operator may disclose protected information to the

government institution under subsection (1) for any of the

following purposes (a

relevant purpose

(a) ascertaining whether the applicant is subject to a financial

management order;

(b) ascertaining whether the government institution has

management of the applicant

s affairs under a financial

management order;

applicant

s affairs under a financial management order

providing the institution such information as is necessary for

it to manage the applicant

s affairs under the financial

management order in relation to the applicant

s redress

application;

(d) any other purpose that is:

(i) related to dealing with applicants who are, or may

become, subject to a financial management order; and

(ii) prescribed by the rules.

Schedule 1

Amendments to existing processes

Part 3

Protected information

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(3) Government institutions to which protected information may be

disclosed under subsection (1) are as follows:

(a) the Public Trustee of a State or a Territory;

(b) a government institution that can be, or the employees of

which can be, given responsibility for managing the affairs of

an individual under a financial management order;

Disclosure, use etc. by government official

(4) If protected information is disclosed to a government institution

under subsection (1), then an employee or officer of the institution

(the

government official

) may:

(a) obtain the information; or

(b) make a record of the information; or

(d) use the information;

but only if the government official does so for a relevant purpose in

the official

s capacity as an employee or officer of the government

institution.

(5) Section 97 does not apply in relation to protected information that

is disclosed to a government institution under subsection (1) of this

section.

Conditions

(6) The Operator may, in writing, impose conditions to be complied

with in relation to protected information disclosed under

subsection (1).

(7) A person commits an offence if:

(a) the person is subject to a condition under subsection (6); and

(b) the person engages in conduct (within the meaning of the

Criminal Code

); and

s conduct breaches the condition.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(8) An instrument under subsection (6) is not a legislative instrument.

Amendments to existing processes

Schedule 1

Protected information

Part 3

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

13 Paragraph 98(2)(d)

Repeal the paragraph, substitute:

(d) in any case

the purpose of either of the following

undertaking investigation and disciplinary procedures:

(i) the institution;

(ii) if the institution is a member of a participating group

another member of the group.

14 At the end of section 98

Add:

(4) If the person obtains protected information for the purpose covered

by subparagraph (2)(d)(ii), the person may record, disclose or use

the protected information for only that purpose.

Schedule 1

Amendments to existing processes

Part 3

Protected information

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Division 2

Other amendments

Freedom of Information Act 1982

15 Schedule 3

Omit "

National Redress Scheme for Institutional Child Sexual Abuse

Act 2018

, subsections

96(6)", substitute "

National Redress Scheme for

Institutional Child Sexual Abuse Act 2018

, subsections 96(6), 96A

(7)".

Amendments to existing processes

Schedule 1

Funder of last resort

Part 4

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

Part

4--Funder of last resort

National Redress Scheme for Institutional Child Sexual

Abuse Act 2018

16 Paragraph 165(2)(b)

After

redress payment

, insert

(to the extent that it relates to the

abuse)

17 At the end of paragraph 165A(4)(a)

Add "(to the extent that it relates to the abuse)".

18 Paragraph 165A(7)(a)

After

redress payment

, insert

(to the extent that it relates to the

abuse)

19 At the end of section 165A

Add:

Rounding

(15) If an amount worked out under subsection (5) or (10) or

paragraph (14)(c) is not a whole number of cents, round the

amount up to the next whole number of cents.

Schedule 1

Amendments to existing processes

Part 5

Application and transitional provisions

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Part

5--Application and transitional provisions

National Redress Scheme for Institutional Child Sexual

Abuse Act 2018

20 At the end of Chapter 8

Add:

Part

5--Application and transitional provisions

relating to the National Redress Scheme for

Institutional Child Sexual Abuse

Amendment Act 2023

209 Definitions

In this Part:

amending Act

means the

National Redress Scheme for Institutional

Child Sexual Abuse Amendment Act 2023

210 Application of amendments made by Schedule 1 to the

amending Act

Applications for review

(1) The amendments made by Part 1 of Schedule 1 to the amending

Act apply in relation to applications for review made under

section 73 on or after the commencement of that Schedule.

(2) If:

(a) before the commencement of Schedule 1 to the amending

Act, a person had made an application for review under

section 73; and

(b) at the commencement of that Schedule, the review had not

been completed;

then:

Amendments to existing processes

Schedule 1

Application and transitional provisions

Part 5

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

by Part 1 of that Schedule; and

(d) the reviewer must not make a review determination under

section 75 in relation to the application for review before the

earlier of the following:

(i) 30 days after the date of the notification;

(ii) if, in response to the notification, the person gives the

reviewer further information or documents that the

person considers may be relevant to the review

the

day after the Operator receives the further information

or documents; and

(e) if the person gives the reviewer further information or

documents that the person considers may be relevant to the

review:

(i) the amendments made by Part 1 of that Schedule apply

in relation to the application for review; and

(ii) the further information or documents are to be treated as

information or documents accompanying the application

for review under subsection 73(3).

(3) If:

(a) before the commencement of Schedule 1 to the amending

Act, a person had made an application for review under

section 73; and

(b) at the commencement of that Schedule, a review

determination had been made under section 75 in relation to

the application for review; and

section 39; and

(d) the person has not accepted or declined the offer of redress;

then:

(e) the Operator must notify the person of the amendments made

by Part 1 of that Schedule; and

(f) if the acceptance period for the offer of redress ends during

the period of 30 days after the date of the notification (the

response period

)

the Operator must extend the acceptance

period under subsection 40(2) to end after the response

period; and

Schedule 1

Amendments to existing processes

Part 5

Application and transitional provisions

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(g) if, during the response period, the person gives the Operator

further information or documents that the person considers

may be relevant to the review:

(i) the review determination is taken to never have been

made; and

(ii) if the Operator has given the person a new written offer

of redress under paragraph 78(3)(b)

the new written

offer of redress is taken to never have been given; and

(iii) the amendments made by Part 1 of that Schedule apply

in relation to the application for review; and

(iv) the further information or documents are to be treated as

information or documents accompanying the application

for review under subsection 73(3).

(4) The rules may prescribe matters relating to the giving of notices to

a person or a participating institution in relation to the operation of

subsection (3).

Special assessment processes

(5) If:

(a) before the commencement of Schedule 1 to the amending

Act, the Operator had given a written notice under

paragraph 63(3)(b) in relation to a person

s sentence of

imprisonment; and

(b) at the commencement of that Schedule, the Operator had not

made a determination in relation to the person under

subsection 63(5);

the Operator is taken to have determined under subsection 63(2B)

that the person should undergo a special assessment process.

(6) To avoid doubt, the Operator may, in writing, revoke a

determination that the Operator is taken to have made under

subsection (5).

Protected information

(7) The amendments of section 98 made by Division 1 of Part 3 of

Schedule 1 to the amending Act apply in relation to a person

obtaining, recording, disclosing or using protected information on

or after the commencement of that Schedule.

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

Schedule

2--Reassessment of determinations

National Redress Scheme for Institutional Child Sexual

Abuse Act 2018

1 Section 6

Insert:

reassessment contribution

: see subsection 71Y(2).

reassessment deficit

: see subsection 71X(3).

reassessment surplus

: see subsection 71X(4).

2 Section 6 (definition of

redress payment

)

Omit

48 or 60

, substitute

48, 60 or 71Q

3 At the end of subsection 29(4)

Add:

Note:

A provision of this Act may also require or permit the Operator to

revoke a determination made under subsection (2) or (3) (see, for

example, paragraph 71S(3)(d) and subsection 71S(4)).

4 Subsection 29(6)

Omit "or (3), th

n", substitute "or (3) (including under

paragraph 71S(3)(d) or subsection 71S(4))

, then".

5 Subsection 54(1)

Omit

44 or 46B

, substitute

44, 46B or 71L

6 After subsection 71(2)

Insert:

(2A) If, at the time a security notice comes into force in relation to a

person:

(a) the person has agreed under section 71B to have the Operator

reassess a determination on an application for redress; and

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(b) a reassessment decision has not been made under

section 71D in relation to the determination;

then, at that time, the person is taken to have revoked the person

agreement to have the Operator reassess the determination under

subsection 71C(1).

(2B) If, at the time a security notice comes into force in relation to a

person:

(a) the person has agreed under section 71B to have the Operator

reassess a determination on an application for redress; and

(b) a new offer of redress has been given to the person under

section 71G; and

then, at that time:

(d) the new offer of redress is taken to be withdrawn; and

(e) the reassessment decision made under section 71D on the

determination is taken to be revoked by the Operator; and

(f) the person is taken to have revoked the person

s agreement to

have the Operator reassess the determination under

subsection 71C(1).

7 At the end of Chapter 3

Add:

Part

3--Special rules about reassessment of

determinations

Division

1--Simplified outline of this Part

71A Simplified outline of this Part

If:

(a) the Operator has made a determination under section 29

to approve an application for redress by a person; and

(b) the person has been given an offer of redress and the

person has accepted or declined the offer; and

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

institution identified in the application, or in the course

of dealing with the application, may be connected with

abuse of the person; and

(d) at the time the determination was made, the institution

was not a participating institution or listed for a

participating jurisdiction under section 164, 164A, 164B

or 164C; and

(e) at a later time, the institution becomes a participating

institution or is listed for a participating jurisdiction

under section 164, 164A, 164B or 164C;

then the person (the

reassessee

) may agree, by written notice given

to the Operator, to have the Operator reassess the determination

under this Part.

The Operator must give notice of the reassessee's

agreement to relevant institutions and participating jurisdictions.

The reassessee may revoke the reassessee's agreement

at any time

before the Operator reassesses the determination. If the reassessee

revokes the agreement, the Operator must give notice of the

revocation to the relevant institutions and participating

jurisdictions.

If the reassessee agrees to have the Operator reassess the

determination, the Operator must reassess the determination and

make a decision (the reassessment decision), in writing, affirming

the determination or setting it aside and substituting a new

determination. The Operator must give the reassessee notice of the

reassessment decision.

If the Operator makes a reassessment decision to set aside the

determination and substitute a new determination, the Operator

must give the reassessee a new offer of redress. The reassessee

may accept or decline the new offer of redress.

If the reassessee declines the new offer of redress, the current

determination and anything done based on the current

determination is not affected, and the new determination has no

effect from the time the new offer of redress is declined.

If the reassessee accepts the new offer of redress, the new

determination is taken to be the determination made by the

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Operator under section 29 and the new offer of redress, the

reassessee's acceptance of the new offer and the acceptance

document given by the reassessee are taken to have effect as

provided by section 71K. The Operator must give relevant

institutions and participating jurisdictions a notice stating certain

matters relating to the reassessment decision.

Special rules apply if the reassessee dies before the new offer of

redress is accepted, declined or withdrawn, or before the

reassessment decision is made, or before the determination under

section 29 is identified for reassessment. Division 4 deals with

those cases.

The Operator must identify each determination made under

section 29 that may be eligible for reassessment under this Part

(see section 71R) and must take certain action in relation to each

identified determination. Division 5 deals with this.

The reassessee may apply to the Operator for review of the

reassessment decision (see Division 6 of this Part). Division 2 of

Part 4-1 (with some modifications) applies in relation to the

review.

If the Operator makes a reassessment decision that sets aside a

determination made under section 29 in relation to a person and

substitutes a new determination, the amount of funding

contribution that a participating institution or funder of last resort

may be liable to pay for a quarter may change. Division 7 deals

with this.

Division

2--Reassessment of determinations

71B Reassessment of determinations

(1) This section applies if:

(a) a person has made an application for redress under the

scheme; and

(b) the Operator has made a determination to approve the

application under section 29 (the

current determination

);

and

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

has accepted or declined the offer; and

(d) the Operator has reasonable grounds to believe that an

institution identified in the application, or in the course of

dealing with the application, may be connected with abuse of

the person; and

(e) at the time the current determination was made, the

institution was not a participating institution or listed for a

participating jurisdiction under section 164, 164A, 164B or

164C; and

(f) at a later time, the institution becomes a participating

institution or is listed for a participating jurisdiction under

section 164, 164A, 164B or 164C.

Note:

Generally, when the institution becomes a participating institution or

is listed for a participating jurisdiction under section 164, 164A, 164B

or 164C, the Operator will invite the person to agree to have the

Operator reassess the determination (see section 71S).

(2) The person (the

reassessee

) may agree, by written notice given to

the Operator, to have the Operator reassess the current

determination under this Part.

(3) A notice under subsection (2) must be given to the Operator at least

12 months before the scheme sunset day, unless the Operator

determines there are exceptional circumstances justifying the

application being made after that time.

Notice to participating institutions etc.

(4) The Operator must give written notice of the reassessee

agreement to the following:

(a) each institution determined in the current determination as a

participating institution or partly-participating institution;

(b) each participating jurisdiction (other than the

Commonwealth) that is determined in the current

determination under paragraph 29(2)(k);

(d) if an institution covered by paragraph (a) or (c) of this

subsection is listed for a participating jurisdiction

that

participating jurisdiction.

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(5) However, the Operator does not need to give a notice under

subsection (4) in the circumstances (if any) prescribed by the rules.

71C Revoking agreement to reassessment

(1) The reassessee may give the Operator a written notice revoking the

reassessee

s agreement under subsection 71B(2) to have the

Operator reassess the current determination at any time before the

Operator reassesses the current determination.

(2) If the reassessee revokes the reassessee

s agreement, the reassessee

is taken to never have agreed to have the Operator reassess the

current determination.

Notice to participating institutions etc.

(3) The Operator must give written notice of the revocation of the

reassessee

s agreement to each institution and participating

jurisdiction that was given written notice of the reassessee

agreement under subsection 71B(4).

(4) The notice must comply with any matters prescribed by the rules.

71D The Operator must make a reassessment decision

(1) This section applies if the reassessee has agreed to have the

Operator reassess the current determination.

(2) The Operator must, as soon as practicable, reassess the current

determination and make a decision (the

reassessment decision

), in

writing, doing one of the following:

(a) affirming the current determination;

(b) setting the current determination aside and substituting a new

determination.

Note:

A reassessment decision setting the current determination aside and

substituting a new determination does not affect the current

determination unless the new offer made based on the new

determination is accepted. If that occurs, the new determination set out

in the reassessment decision is substituted for the current

determination (see section 71K).

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

(3) The following provisions apply in relation to making the

reassessment decision in the same way as they apply in relation to

making a determination on an application for redress:

(a) Division 3 of Part 2-3 (obtaining information for the

purposes of determining the application);

(b) subsection 29(2) (determination to approve the application),

other than paragraph (a) of that subsection;

counselling and psychological component and share of

costs);

(d) subsection 33(1) (assessment framework policy guidelines);

(e) subsections 165(2) and (3) (special rules for funder of last

resort cases);

(f) subsections 165A(2) to (13) (special rules for funder of last

resort cases

participating jurisdictions).

(4) For the purposes of applying provisions under subsection (3), apply

those provisions in relation to making the reassessment decision,

subject to the following:

(a) treat a reference to a provision of this Act as a reference to

that provision as it applies in relation to the reassessment

decision because of this Part;

(b) treat a reference to an offer of redress as a reference to a new

offer of redress under section 71G;

subsection 30(2):

(i) in relation to an institution and a relevant prior payment

that was paid at a time before the first time the Operator

made a determination under section 29 on the

application for redress

treat the definition of

being instead the number of whole years between those

times; and

(ii) in relation to an institution covered by

paragraph 71B(1)(f) and a relevant prior payment that

was paid after the first time the Operator made a

determination under section 29 and before the

reassessment decision was made

treat the definition of

as being instead the number of whole years since the

relevant prior payment was paid;

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(d) ignore step 4 of the method statement in subsection 30(2) in

relation to an institution other than an institution covered by

paragraph 71B(1)(f), and a relevant prior payment that was

paid after the first time the Operator made a determination

under section 29 and before the reassessment decision was

made;

(e) subsection (5) of this section applies if the amount of redress

payment for the reassessee worked out by applying

subsection 30(5) (ignoring the effect of this paragraph) is less

than the amount of redress payment for the reassessee set out

in the current determination (the

current redress amount

);

(f) subsections (6) and (7) of this section apply if the reassessee

has previously accepted an offer of redress in connection

with the application for redress;

(g) if the rules prescribe further modifications to how the

amounts mentioned in sections 30 and 31 (including as

modified by sections 165 and 165A) are worked out

those

further modifications.

(5) For the purposes of paragraph (4)(e), treat the difference between

the institutions

total share (worked out by applying

subsection 30(3)) and the current redress amount as the

Commonwealth

s share of the costs of the redress payment (instead

of the amount worked out by applying subsection 30(4)).

(6) For the purposes of paragraph (4)(f):

(a) if the Operator has, in the current determination, determined

under paragraph 29(2)(b) that a participating institution is

responsible for the abuse

treat the institution as a

participating institution (even if the institution is defunct or is

a partly-participating institution at the time the reassessment

decision is made); and

(b) if the Operator has, in the current determination, determined

under paragraph 29(2)(h) that a participating institution is not

responsible for the abuse

treat the institution as a

participating institution (even if the institution is defunct or is

a partly-participating institution at the time the reassessment

decision is made); and

under paragraph 29(2)(i) that a participating government

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

institution is a funder of last resort for a defunct institution in

relation to the abuse

treat the government institution

(whether or not it is a participating government institution at

the time the reassessment decision is made) as the funder of

last resort for the defunct institution; and

(d) if the Operator has, in the current determination, determined

under paragraph 29(2)(k) that a participating jurisdiction is a

funder of last resort for an institution in relation to the

abuse

treat the jurisdiction (whether or not it is a

participating jurisdiction at the time the reassessment

decision is made) as the funder of last resort for the

institution.

(7) However, subsection (6) does not apply in relation to an institution

if:

(a) the institution is covered by paragraph 71B(1)(f); or

(b) if a paragraph of subsection (6) of this section applied to the

institution

the Operator intends, in the reassessment

decision, to determine the institution under a paragraph of

subsection 29(2) that is different from the paragraph of

subsection 29(2) mentioned in the relevant paragraph of

subsection (6) of this section.

71E Notice and effect of reassessment decision

(1) This section applies if the Operator has reassessed the current

determination and made the reassessment decision.

(2) The following provisions apply in relation to the reassessment

decision in the same way as they apply in relation to a

determination under section 29 on an application for redress:

(a) section 34 (notice of determination to applicant);

(b) Division 6 of Part 2-3 (effect of determination and

admissibility of evidence in civil proceedings).

(3) For the purposes of applying provisions under paragraph (2)(a) or

(b), apply those provisions in relation to the reassessment decision,

subject to the following:

(a) treat the reassessee as the person mentioned in

subsection 34(1);

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(b) treat a reference to a provision of this Act as a reference to

that provision as it applies in relation to the reassessment

decision because of this Part;

reference to the reassessment decision setting the current

determination aside and substituting a new determination;

(d) treat a reference to the application not being approved as a

reference to the reassessment decision affirming the current

determination;

(e) treat a reference to whether or not the application has been

approved as a reference to whether the current determination

has been affirmed under paragraph 71D(2)(a) or the current

determination has been set aside and a new determination

substituted under paragraph 71D(2)(b);

(f) treat the reference in paragraph 34(1)(c) to section 73 as a

reference to section 71T;

(g) treat the reference in subsection 34(2) to the offer of redress

under section 39 as a reference to the new offer of redress

under section 71G;

(h) treat a reference in section 37 to a person

s application for

redress as a reference to the reassessee

s agreement to have

the Operator reassess the current determination.

71F Notice of decision to affirm current determination to

participating jurisdictions and institutions

(1) This section applies if:

(a) the Operator has reassessed the current determination; and

(b) the reassessment decision is to affirm the current

determination; and

(i) if subparagraph (ii) does not apply

the review period

mentioned in section 34 (as it applies in relation to the

reassessment decision because of section 71E) has

passed; or

(ii) if the reassessee has applied to the Operator for review

of the reassessment decision under section 71T

the

review has been completed.

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

(2) The Operator must give written notice of the reassessment decision

to each institution and participating jurisdiction that was given

written notice of the reassessee

s agreement under

subsection 71B(4).

(3) The notice must comply with any requirements prescribed by the

rules.

(4) However, the Operator does not need to give a notice under

subsection (2) in the circumstances (if any) prescribed by the rules.

Division

3--New offers of redress

71G New offer of redress

(1) This section applies if:

(a) the Operator has reassessed the current determination; and

(b) the reassessment decision is to set aside the current

determination and substitute a new determination.

(2) The Operator must give the reassessee a new offer of redress that

complies with:

(a) paragraphs 39(a) to (t) (offers of redress), other than

paragraphs (r) and (ra); and

(b) subsection (4) of this section; and

(3) For the purposes of paragraph (2)(a), apply paragraphs 39(a) to (t)

in relation to the new offer of redress, subject to the following:

(a) treat a reference to a provision in section 29 as a reference to

that provision as it applies in relation to the new

determination because of this Part;

(b) treat paragraph 39(p) as referring instead to the effect of

section 71J and the effect of section 43, as it applies in

relation to the new offer of redress because of section 71H;

the new offer of redress as set out in paragraphs 39(a) to (t)

those further modifications.

(4) For the purposes of paragraph (2)(b), the new offer of redress must:

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(a) inform the reassessee that, if the reassessee declines the new

offer of redress, there will be no change to the existing

arrangements (including those arising out of the acceptance

or declining of the offer of redress made based on the current

determination); and

(b) specify the differences between the current determination and

the new determination, including any difference between the

amount of redress payment the reassessee is, or was, entitled

to under the current determination and the amount of redress

payment the reassessee would be entitled to if the reassessee

accepts the new offer of redress; and

(i) the amount (if any) of redress payment based on the

current determination that has been paid to the

reassessee; and

(ii) the amount (if any) of redress payment based on the

current determination that has not yet been paid to the

reassessee; and

(iii) the additional amount (if any) of redress payment based

on the new determination that would be payable to the

reassessee if the new offer of redress is accepted; and

(d) comply with any requirements prescribed by the rules.

(5) For the purposes of paragraph (2)(c), if:

(a) the reassessee had previously accepted an offer of redress

based on the current determination; and

(b) the previous acceptance document stated that the reassessee

wished to receive any or all of the following components of

redress:

(i) a redress payment;

(ii) the counselling and psychological component of

redress;

(iii) a direct personal response from a specified institution;

then the new offer of redress must inform the reassessee that, if the

reassessee accepts the new offer of redress by giving the Operator

an acceptance document (the

new acceptance document

) under

subsection 42(2) (as it applies because of section 71H):

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

will be taken to be included in the new acceptance document;

and

(d) if the reassessee has received, or receives, any or all of the

components of redress mentioned in paragraph (b) of this

subsection

that component of redress will be taken to have

been, or be, received by the reassessee in accordance with the

new acceptance document.

Note:

The new offer of redress does not have effect under this Part, or

displace any previous offers of redress or determinations, unless it is

accepted (see subsection 71H(4) and section 71K).

71H Accepting or declining the new offer of redress

(1) This section applies if:

(a) the reassessment decision is to set aside the current

determination and substitute a new determination; and

(b) the Operator has given the reassessee a new offer of redress

under subsection 71G(2).

(2) Subject to section 71J, the following provisions apply in relation to

the new offer of redress and the new determination in the same

way as they apply to an offer of redress and a determination on an

application for redress:

(a) section 40 (acceptance period for offers of redress);

(b) Division 3 of Part 2-4 (accepting or declining offers of

redress), other than sections 44, 44A and 46B.

(3) For the purposes of applying provisions under subsection (2), apply

those provisions in relation to the new offer of redress, subject to

the following:

(a) treat a reference to a provision of this Act as a reference to

that provision as it applies in relation to the new offer of

redress or the reassessment decision because of this Part;

(b) treat the reference in paragraph 45(1)(c) to

the person will

not be able to make another application for redress under the

scheme

as a reference to

there will be no change to the

existing arrangements (including those arising out of the

acceptance or declining of the offer of redress made based on

the current determination)

;

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

notified under section 41 of the offer as a reference to each

institution that was notified under paragraph 71B(4)(a) or (c);

(d) treat the reference in subsection 46A(1) to each participating

jurisdiction (if any) that was notified under section 41A of

the offer as a reference to each participating jurisdiction (if

any) that was notified under paragraph 71B(4)(b) or (d).

(4) If the reassessee declines the new offer of redress:

(a) the current determination, and anything done based on the

current determination, is not affected; and

(b) the new determination has no effect from the time the new

offer of redress is declined.

71J Accepting the new offer where previous offer was accepted

(1) This section applies if the reassessee had previously accepted an

offer of redress in connection with the application for redress by

giving the Operator an acceptance document under

subsection 42(2) (the

previous acceptance document

(2) Subsection 42(2) (as it applies in relation to the new offer of

redress because of section 71H) applies, subject to the following:

(a) the acceptance document (the

new acceptance document

)

must also state that the person revokes, from the time the new

acceptance document is given, the releases, discharges and

promises mentioned in paragraphs 42(2)(c), (d) and (e) that

were stated in the previous acceptance document;

(b) if the rules prescribe further modifications to the content of

the new acceptance document as set out in paragraphs

42(2)(a) to (j)

the new acceptance document is in

accordance with those paragraphs as modified.

(3) If:

(a) the previous acceptance document stated that the reassessee

wished to receive any or all of the following components of

redress:

(i) a redress payment;

(ii) the counselling and psychological component of

redress;

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

(iii) a direct personal response from a specified institution;

and

(b) the reassessee accepts the new offer of redress by giving the

Operator the new acceptance document:

(i) the new acceptance document is taken to include the

statement mentioned in paragraph (a); and

(ii) if the reassessee has received, or receives, any or all of

the components of redress mentioned in paragraph (a)

that component of redress will be taken to have been, or

be, received by the reassessee in accordance with the

new acceptance document.

(4) If the reassessee accepts the new offer of redress by giving the

Operator the new acceptance document, the following have effect

from the time the new acceptance document is given, by force of

this subsection:

(a) the release and discharge mentioned in paragraph 43(a), as it

relates to the previous acceptance document, is taken not to

have been made;

(b) paragraphs 43(b), (c) and (d), as they relate to the previous

acceptance document, cease to have effect;

accordance with the previous acceptance document is taken

to be a document that is not admissible in evidence in civil

proceedings in a court or tribunal under subsection 37(1);

(d) any redress payment or counselling and psychological

services payment previously made to or in relation to the

reassessee is taken to be a part payment of the redress

payment or counselling and psychological services payment

required to be paid under section 48 or 51 in accordance with

the new acceptance document.

71K Effect of acceptance of new offer of redress

If the reassessee accepts the new offer of redress under section 42

(as it applies in relation to the new offer of redress because of

section 71H) by giving the Operator an acceptance document, the

following have effect from the time the acceptance document is

given, for the purposes of this Act:

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(a) the new determination set out in the reassessment decision is

taken to be the determination made by the Operator under

section 29;

(b) the new offer of redress is taken to be the offer of redress

made to the reassessee under section 39;

s acceptance of the new offer of redress is

taken to be the reassessee

s acceptance of the offer of redress

under section 42;

(d) the acceptance document given by the reassessee under

subsection 42(2) (as it applies in relation to the new offer of

redress because of section 71H) is taken to be the

reassessee

s acceptance document under section 42.

71L Notice to institutions and participating jurisdictions that new

offer is accepted

(1) This section applies if the reassessee accepts the new offer of

redress under section 42 (as it applies in relation to the new offer of

redress because of section 71H).

(2) The Operator must give each institution that was notified under

paragraph 71B(4)(a) or (c) a written notice (the

reassessment

notice

) that:

(a) states the matters set out in paragraphs 35(2)(b) to (f); and

(b) if the institution was previously notified under this section or

section 35 in relation to the reassessee

states:

(i) the amounts mentioned in subparagraphs 35(2)(b)(ii) to

(v) of the most recent previous notification and the

amounts paid by the institution in relation to that

notification; and

(ii) the difference in the amounts mentioned in

subparagraphs 35(2)(b)(ii) to (v) between the

reassessment notice and the most recent previous

notification; and

(iii) the amount

of the institution's liability, or the amount

that is to be credited to the institution, in relation to the

reassessee (worked out in accordance with Division 7);

and

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

receive (including whether the reassessee wishes to receive a

direct personal response from the institution); and

(d) is accompanied by a copy of the reassessee

s acceptance

document; and

(e) complies with any requirements prescribed by the rules.

Note:

In relation to paragraph (c), see subsection 71J(3).

(3) The Operator must give each participating jurisdiction (if any) that

was notified under paragraph 71B(4)(b) or (d) a written notice (the

reassessment notice

) that:

(a) states the matters set out in paragraphs 35A(2)(b) to (k); and

(b) if the participating jurisdiction has previously been notified

under this section or section 35A in relation to the

reassessee

states:

(i) the amounts mentioned in paragraphs 35A(2)(c) to (i) of

the most recent previous notification and the amounts

paid by the jurisdiction in relation to that notification;

and

(ii) the difference in the amounts mentioned in

paragraphs 35A(2)(c) to (i) as between the reassessment

notice and the most recent previous notification; and

(iii)

the amount of the jurisdiction's liability, or the amount

that is to be credited to the jurisdiction, in relation to the

reassessee (worked out in accordance with Division 7);

and

(4) If:

(a) the new offer of redress specified an institution under

subparagraph 39(ia)(i), and a funder of last resort for the

institution under subparagraph 39(ia)(ii); and

(b) the institution is a partly-participating institution;

the Operator must give the institution a written notice that:

(d) states whether the reassessee wishes to receive a direct

personal response from the institution; and

(e) complies with any requirements prescribed by the rules.

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Note:

In relation to paragraph (d), see subsection 71J(3).

(5) However, the Operator does not need to give a notice under

subsection (2), (3) or (4) in the circumstances (if any) and to the

extent (if any) prescribed by the rules.

Division

4--Death of reassessee before or during

reassessment

71M Reassessee dies before new offer of redress is accepted,

declined or withdrawn

(1) This section applies if:

(a) a person (the

reassessee

) agrees to have the Operator reassess

a current determination under section 71B; and

(b) the Operator makes a reassessment decision under

section 71D that sets aside the current determination and

substitutes a new determination; and

section 71G; and

(d) the reassessee dies before the offer is accepted, declined or

withdrawn.

(2) The offer is taken to be withdrawn immediately after the reassessee

dies.

(3) If, before the reassessee died:

(a) the reassessee had made an application under section 71T for

review of the reassessment decision; and

(b) the review had not been completed;

then:

not died; and

(d) subsection (4) of this section applies after the review has

been completed.

(4) If the amount of the redress payment determined in the

reassessment decision is more than the amount of the redress

payment determined in the current determination:

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

(a) the amount of the difference is payable in accordance with

section 71Q; and

(b) for the purposes of this Act, the new determination set out in

the reassessment decision is taken to be the determination

made by the Operator under section 29.

(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.

71N Reassessee dies before reassessment decision is made

(1) This section applies if:

(a) a person (the

reassessee

) agrees to have the Operator reassess

a current determination under section 71B; and

(b) the reassessee dies before the Operator makes a reassessment

decision under section 71D.

(2) The Operator must continue to reassess the current determination

and make a reassessment decision as if the reassessee had not died.

(3) If:

(a) the reassessment decision sets aside the current determination

and substitutes a new determination; and

(b) the amount of the redress payment determined in the

reassessment decision is more than the amount of the redress

payment determined in the current determination;

then:

section 71Q; and

(d) for the purposes of this Act, the new determination set out in

the reassessment decision is taken to be the determination

made by the Operator under section 29.

(4) 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.

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

71P Reassessee dies before identification for reassessment

(1) This section applies if:

(a) the Operator had made a determination (the

current

determination

) on a person

s application for redress under

subsection 29(2); and

(b) the person had accepted an offer of redress in connection

with the application for redress under section 42; and

determination under section 71R; and

(d) the person had died before the Operator identified the current

determination.

(2) The Operator must reassess the current determination under this

Part and make a reassessment decision as if:

(a) the person (the

reassessee

) had not died; and

(b) the reassessee had agreed, in writing, to have the Operator

reassess the current determination under this Part.

(3) If:

(a) the reassessment decision sets aside the current determination

and substitutes a new determination; and

(b) the amount of the redress payment determined in the

reassessment decision is more than the amount of the redress

payment determined in the current determination;

then:

section 71Q; and

(d) for the purposes of this Act, the new determination set out in

the reassessment decision is taken to be the determination

made by the Operator under section 29.

(4) 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.

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

71Q Entitlement to redress payment under this Division

(1) This section applies if, under paragraph 71M(4)(a), 71N(3)(c) or

71P(3)(c), an amount of redress payment for the reassessee is

payable in accordance with this section.

(2) The Operator must:

(a) determine who should be paid the redress payment; and

(b) pay the amount to that person or those persons as soon as

practicable.

(3) In determining who should be paid the redress payment, the

Operator may consider the people who are entitled to the property

of the reassessee under:

(a) the reassessee

s will; and

(b) the law relating to the disposition of the property of deceased

persons.

(4) The Operator may pay the redress payment without requiring:

(a) production of probate of the will of the reassessee; or

(b) letters of administration of the estate of the reassessee.

(5) The rules may prescribe matters relating to the payment of redress

payments under this section.

Division

5--Identifying determinations and notifying

applicants

71R Identification of determinations for reassessment

(1) As soon as practicable after the commencement of this section, the

Operator must identify each determination made by the Operator

under section 29 on an application for redress in relation to which

all of the following apply:

(a) the Operator has reasonable grounds to believe that an

institution identified in the application, or in the course of

dealing with the application, may be connected with abuse of

the person who made the application;

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(b) at the time the determination was made, the institution was

not a participating institution or listed for a participating

jurisdiction under section 164, 164A, 164B or 164C;

institution or listed for a participating jurisdiction under

section 164, 164A, 164B or 164C.

(2) If either of the following events occurs:

(a) an institution becomes a participating institution;

(b) an institution is listed for a participating jurisdiction under

section 164, 164A, 164B or 164C;

the Operator must, as soon as practicable after the event occurs,

identify each determination made by the Operator under section 29

on an application for redress in relation to which the Operator has

reasonable grounds to believe that an institution identified in the

application, or in the course of dealing with the application, may be

connected with abuse of the person who made the application.

71S Notification for reassessment

(1) If the Operator identifies a determination on an application for

redress under section 71R, the Operator must comply with

subsection (2) or (3) of this section (as applicable) as soon as

practicable after identifying the determination.

Determination to approve application

(2) If the determination was to approve the application and the person

who made the application had been given an offer of redress and

the person had accepted or declined the offer, the Operator must:

(a) make reasonable efforts to invite the person to agree under

subsection 71B(2) to have the Operator reassess the

determination; or

(b) if the person is deceased

comply with subsection 71P(2)

and, if applicable, subsection 71P(3).

Determination to not approve application

(3) If:

(a) the determination was to not approve the application; and

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

(b) the Operator is satisfied that the person who made the

application would have been eligible for redress under the

scheme if, at the time the determination was made, an

institution identified in the application, or in the course of

dealing with the application, had been a participating

institution or listed for a participating jurisdiction under

section 164, 164A, 164B or 164C;

the Operator must:

written notice given to the Operator, to the Operator revoking

the determination; or

(d) if the person is deceased

revoke the determination.

(4) If the person agrees under paragraph (3)(c) to the Operator

revoking the determination, the Operator must revoke the

determination.

Note:

If the Operator revokes the determination, subsections 29(6) and (7)

apply, with the following effects:

(a) the determination is taken never to have been made

(paragraph 29(6)(a));

(b) the Operator may make further requests for information relating

to the application (paragraph 29(6)(d));

persons (subsection 29(7)).

Division

6--Review of reassessment decisions

71T Review of reassessment decisions

(1) If:

(a) a person (the

reassessee

) has agreed under subsection 71B(2)

to have the Operator reassess a current determination; and

(b) the Operator has reassessed the current determination and

made a reassessment decision under section 71D;

the reassessee may apply to the Operator for review of the

reassessment decision.

(2) The application for review must:

(a) be made within the review period mentioned in section 34 (as

it applies in relation to the reassessment decision because of

section 71E); and

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(b) be in the approved form.

71U The review

(1) If the reassessee has applied to the Operator for review of the

reassessment decision, the following provisions apply in relation to

the application and the reassessment decision in the same way as

they apply in relation to an application for review made under

section 73 and a determination on an application for redress under

section 29:

(a) section 74 (withdrawal of application for review);

(b) section 75 (the review), other than paragraphs (3)(b) and (c)

and subparagraph (4)(a)(i) of that section;

(d) section 77 (notice of review determination to applicant);

(e) section 78 (interaction between review and offer of redress).

(2) For the purposes of applying provisions under subsection (1), apply

those provisions in relation to the reassessment decision, subject to

the following:

(a) treat the reassessee as the person mentioned in

subsection 74(1) and the applicant mentioned in section 77;

(b) treat a reference to a provision of this Act as a reference to

that provision as it applies in relation to the application or the

reassessment decision because of this Part;

to the reassessment decision;

(d) treat the reference in subparagraph 75(2)(b)(iii) to a new

determination as a reference to a new decision;

(e) treat the reference in subsection 76(3) to the determination

made by the Operator under section 29 as a reference to the

reassessment decision made under section 71D;

(f) treat a reference in section 78 to an offer of redress under or

in accordance with section 39 as a reference to a new offer of

redress under or in accordance with section 71G;

(g) treat the reference in paragraph 78(3)(b) to

the

determination as varied or substituted approves the

application for redress

as a reference to

the review

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

determination varies or sets aside the reassessment decision

and substitutes a new decision

Division

7--Financial matters

71V Application of this Division

This Division applies if either or both of the following occur in a

quarter (the

present quarter

(a) a person who had previously accepted an offer of redress

accepts a new offer of redress given under section 71G based

on a reassessment decision made under section 71D that sets

aside a determination (a

current determination

) and

substitutes a new determination;

(b) a payment is made in relation to a deceased person under

section 71Q based on a reassessment decision made under

section 71D that sets aside a determination (also a

current

determination

) and substitutes a new determination.

71W Reassessment decision does not change funding contribution

for a quarter before the present quarter, except in certain

circumstances

Amounts of funding contribution (including the redress element

and the scheme administration element) for a participating

institution or funder of last resort worked out for a quarter before

the present quarter are not to change because of the reassessment

decision, except as provided by this Division or as prescribed by

the rules.

71X Determining reassessment deficit or reassessment surplus

(1) This section applies in relation to:

(a) a person in relation to whom paragraph 71V(a) or (b) applies

in the present quarter; and

(b) a participating institution or funder of last resort determined

in the current determination or the new determination

mentioned in paragraph 71V(a) or (b) in relation to the

person.

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

(2) The Operator must determine, in respect of the amounts of the

institution

s or funder of last resort

(a) share of the costs of the redress payment to the person in all

quarters up to the present quarter; and

(b) share of the costs of the counselling and psychological

component of redress for the person in all quarters up to the

present quarter; and

present quarter, to the extent it is attributable to the person;

the difference for the institution or funder of last resort between

such amounts worked out:

(d) based on the current determination in relation to the person,

as in effect immediately before the start of the present

quarter; and

(e) based on the new determination in relation to the person, as

in effect at the end of the present quarter.

(3) If an amount worked out under paragraph (2)(e) is more than a

corresponding amount worked out under paragraph (2)(d), the

institution or funder of last resort has an amount of

reassessment

deficit

in relation to the person for the present quarter that is equal

to the difference.

(4) If an amount worked out under paragraph (2)(e) is less than a

corresponding amount worked out paragraph (2)(d), the institution

or funder of last resort has an amount of

reassessment surplus

relation to the person for the present quarter that is equal to the

difference.

71Y Liability for reassessment deficits

reassessment contribution

(1) If a participating institution or funder of last resort has an amount

of reassessment deficit in relation to a person for the present

quarter, the participating institution or funder of last resort is liable

to pay reassessment contribution for the present quarter.

(2)

Reassessment contribution

for a quarter for a participating

institution or funder of last resort is the total of the institution

s or

funder of last resort

s amounts of reassessment deficit in relation to

all persons for the quarter.

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

(3) Sections 153 to 158 (which deal with matters relating to funding

contribution) apply in relation to the institution

s or funder of last

resort

s reassessment contribution for a quarter in the same way as

those sections apply in relation to a funding contribution for an

institution or funder of last resort for a quarter.

71Z Crediting reassessment surplus to institutions and funders of

last resort

(1) If a participating institution or funder of last resort has an amount

of reassessment surplus in relation to a person for the present

quarter, the Operator may set off all or part of the reassessment

surplus for the present quarter against all or part of any of the

following amounts:

(a) reassessment contribution for the institution or funder of last

resort for the present quarter or a quarter before the present

quarter;

(b) reassessment contribution for the institution or funder of last

resort for a quarter after the present quarter for which the

Operator reasonably believes the institution or funder of last

resort will be liable;

for the present quarter or a quarter before the present quarter;

(d) funding contribution for the institution or funder of last resort

for a quarter after the present quarter for which the Operator

reasonably believes the institution or funder of last resort will

be liable.

(2) For the purposes of this Act, if all or part of the reassessment

surplus for the institution or funder of last resort is set off against

an amount under subsection (1), the amount set off is taken to have

been paid by the institution or funder of last resort.

(3) The Commonwealth must repay so much of the reassessment

surplus as is not set off under subsection (1) to:

(a) if paragraph (b) does not apply

the institution or funder of

last resort; or

(b) if rules made for the purposes of this paragraph prescribe a

different person in relation to the repayment

the person

prescribed by the rules.

Schedule 2

Reassessment of determinations

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

No. , 2023

Note:

For the appropriation for the refund, see section 77 of the

Public

Governance, Performance and Accountability Act 2013

(4) However, the Operator may, on behalf of the Commonwealth

reduce the amount that may be set off under subsection (1), or the

amount of any repayment under subsection (3), by the amount (if

any) of payment waived in respect of the institution or funder of

last resort under section 156 (including as it applies in relation to

an amount of reassessment contribution because of

subsection 71Y(3)).

8 After paragraph 84(2)(b)

Insert:

(ba) accept a new offer of redress under section 42 (as it applies in

relation to the new offer of redress because of section 71H);

9 After paragraph 84(2)(c)

Insert:

(ca) decline a new offer of redress under section 45 (as it applies

in relation to the new offer of redress because of

section 71H);

10 Paragraph 85(2)(c)

After "

section 4

2", insert "(including as it applies in relation to a new

offer of redress because of section 7

1H)".

11 Paragraph 85(2)(c)

After "

section 4

5", insert "(including as it applies in relation to a new

offer of redress because of section 7

1H)".

12 At the end of section 184

Add:

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.

13 At the end of subsection 185(1)

Add:

Reassessment of determinations

Schedule 2

No. , 2023

National Redress Scheme for Institutional Child Sexual Abuse

Amendment Bill 2023

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.

14 At the end of Part 8-5

Add:

211 Application of amendments made by Schedule 2 to the

amending Act

The amendments made by Schedule 2 to the amending Act apply

in relation to determinations made under section 29 before, on or

after the commencement of that Schedule.

Commonwealth of Australia Bills

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE AMENDMENT BILL 2023

Document Outline