National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 (9 of 2024)

Schedule 1   Amendments to existing processes

Part 1   Review of determinations

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

5   After section 75

Insert:

75A Obtaining further information for the review from the applicant

(1) If the reviewer has reasonable grounds to believe that the person who has applied for review has information that may be relevant to the review, then the reviewer may request the person to give the information to the reviewer.

(2) Subsections 24(2) to (7) apply in relation to the request by the reviewer to the person in the same way as they apply in relation to a request under subsection 24(1) by the Operator to a person.

(3) For the purposes of subsection (2) of this section, in applying subsections 24(2) to (7), treat references to section 24 and its subsections as references to those provisions as they apply in relation to the request because of this section.

(4) If the information requested is not provided within the production period mentioned in paragraph 24(3)(c) (as it applies in relation to the request by the reviewer), the reviewer is not required to make the review determination until the information is provided.

75B Obtaining further information for the review from institutions

(1) If the reviewer has reasonable grounds to believe that a participating institution or partly-participating institution has information that may be relevant to the review, then the reviewer may request the institution to give the information to the reviewer.

(2) Subsections 25(3) to (8) apply in relation to the request by the reviewer to the institution in the same way as they apply in relation to a request under subsection 25(2) by the Operator to a participating institution or partly-participating institution.

(3) For the purposes of subsection (2) of this section, in applying subsections 25(3) to (8), treat references to section 25 and its subsections as references to those provisions as they apply in relation to the request because of this section.

(4) If the information requested is not provided within the production period mentioned in paragraph 25(4)(c) (as it applies in relation to the request by the reviewer), the reviewer may conduct the review and make the review determination on the basis of the information that has been obtained by, or provided to, the reviewer.

75C State or Territory laws do not prevent complying with request

Nothing in a law of a State or a Territory prevents a person from giving information that the person is requested to give to the reviewer under section 75A or 75B unless that law is prescribed by the rules.

Note: Section 28 (false or misleading information, documents or statements) applies in relation to a request made under section 75A or 75B.