Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 75

  (1)   If an application is made under section   73, the Operator must review the original determination or cause the original determination to be reviewed by an independent decision - maker:

  (a)   to whom the Operator's power under this section is delegated; and

  (b)   who was not involved in the making of the determination.

  (2)   The person (the reviewer ) reviewing the original determination must:

  (a)   reconsider the determination; and

  (b)   make a determination (the review determination ) doing one of the following:

  (i)   affirming the original determination;

  (ii)   varying the original determination;

  (iii)   setting the original determination aside and substituting a new determination.

  (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;

  (c)   further information requested under section   75A or 75B.

  (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 ).