3.4 Requesting information
Summary
The Scheme can request additional information from both a person applying for redress and a participating institution to support the Operator to make a decision on an application.
Requesting information from a person applying for redress
Where the Operator believes that a person who has applied for redress has information that could support the Operator to make a decision on their application, the Operator can request information from the person. The Operator will ask the person for the information that they require, advise how the person can provide this information to the Operator, and the period the person has to respond. If a person does not have the requested information, they are able to advise this fact to the Operator.
Generally, where a request for information is urgent the person will have 4 weeks to respond, and in all other circumstances up to 8 weeks to provide the information to the Operator. This period can be extended at the request of the person or by the Operator.
Requesting information from a participating institution
The Operator must seek information from a participating institution if:
- the application for redress identifies a particular participating institution
- the Operator has reasonable grounds to believe that a participating institution may be responsible for the abuse of the applicant, or
- the Operator has reasonable grounds to believe a participating institution has information that may be relevant to determining an application (even if the institution may not be responsible for the abuse).
The request for information will be in writing and will ask the participating institution for information, how to provide the information to the Operator, and the period the institution has to respond.
Generally, where a request for information is urgent, the participating institution will have 4 weeks to respond, and in all other circumstances, up to 8 weeks to provide the information to the Operator. This period can be extended at the request of the participating institution or by the Operator.
What happens if a person or a participating institution fails to provide the additional information?
Where a person fails to respond or provide the requested information within the given timeframe, the Operator is not required to make a decision on the person's application for redress until the person provides the information to the Operator.
If a participating institution fails to provide the requested information to the Operator within the given timeframe, the Operator can make a decision on a person's application based on the available information that they have obtained or been provided.