Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 71

  (1)   If at the time a security notice comes into force in relation to a person:

  (a)   the person has made an application for redress under section   19; and

  (b)   either:

  (i)   a determination has not been made in relation to the application under section   29; or

  (ii)   an offer of redress has not been given to the person under section   39;

then, at that time, the application is taken to have been withdrawn by the person under subsection   22(1).

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

  (a)   the person has made an application for redress under section   19; and

  (b)   an offer of redress has been given to the person under section   39; and

  (c)   the offer has not been accepted, declined or withdrawn;

then, at that time:

  (d)   the offer is taken to be withdrawn; and

  (e)   the determination made under subsection   29(2) on the application is taken to be revoked by the Operator under subsection   29(4); and

  (f)   the application is taken to have been withdrawn by the person under subsection   22(1).

  (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

  (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's 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

  (c)   the offer has not been accepted, declined or withdrawn;

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  (d)   the new offer of redress is taken to be withdrawn; and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

  (3)   The rules may prescribe matters relating to the giving of notices to a person or a participating institution in relation to the operation of this Division in relation to the person's entitlement to redress.