The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.R.65 Revocation

Definition

Revocation means the official cancellation of a redress determination made on an approved application for redress. A determination can only be revoked before a person accepts their offer of redress.

A determination may be revoked if, after the determination is made but before the offer is accepted:

  • the Operator (1.1.O.30) receives new information that they did not know before making the decision, and
  • the Operator considers that had the information been provided before making the determination, they would have not made the determination or would have made a different determination.

Note: If the Operator considers the information would not have changed the determination, the determination will not be revoked.

A determination must be revoked if, after the determination is made but before the offer is accepted:

  • the Operator receives information of a payment made to the applicant by, or on behalf of, an institution found responsible for their abuse, or
  • a payment was made under a court order that an institution should pay compensation or damages for the abuse the applicant experienced, causing the institution not to be responsible.

If a person is eligible for a reassessment of a determination, and written agreement is provided by the person to the Scheme for a reassessment of redress, the current determination is revoked and set aside for a new determination of redress to be made.

Act reference: NRSAct section 29 The Operator must make a determination on the application, Part 3-3 Division 2—Reassessment of determinations

NRS Rules section 11 Institution ordered by court to pay compensation or damages is not responsible, section 17 Circumstances in which determination may or must be revoked, section 26 Payments that are not relevant prior payments

Policy reference: Redress Guide Part 4 Determinations & offers of redress, 1.1.R.05 Reassessment

Last reviewed: