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.

4.13 Reassessment of determination

Summary

The Operator can reassess a person’s determination for redress where:

  • their application was previously approved and determined for redress
  • the person has been given an offer of redress and either accepted or declined that offer
  • the Operator has reasonable grounds to believe that an institution identified in the application, or during the course of dealing with the application, may be connected with the abuse of that person
  • those identified institutions have since joined the Scheme
  • the person has agreed in writing for their application to be reassessed, and
  • the person provided their written agreement to a reassessment on or before 30 June 2027.

On receiving a person’s written agreement for a reassessment, the Operator must reassess their current determination and make a reassessment decision as soon as practicable in writing to the person.

The Operator may request further information from institutions and the applicant to make their reassessed decision.

If a new offer of redress is made and the person accepts their new offer of redress, the current offer is taken as withdrawn and the responsible participating institutions or funders of last resort will share the costs of redress. If a person declines their new offer of redress, the current offer remains in place.

A person may request a review of the reassessed decision, however no additional information can be provided for a review of a reassessed decision.

A person can withdraw from the reassessment process at any time, and their current determination remains in place.

Note: Only the person or their legal nominee may agree to a reassessment of their redress determination.

Act reference: NRSAct section 71B Reassessment of determinations, 71D The Operator must make a reassessment decision, Part 4-2 Division 3 Duties, functions and responsibilities of nominees

Policy reference: Redress Guide 1.1.R.05 Reassessment, 8.1 Funding contribution to the Commonwealth, 2.7 Nominees

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