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

4   Subsection 75(3)

Repeal the subsection, substitute:

(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).