164CListing non‑defunct institutions other than partly‑participating institutions

164C  Listing non‑defunct institutions other than partly‑participating institutions

 (1) An institution is listed for a participating jurisdiction under this section if:

 (c) the institution is not a defunct institution; and

 (d) a declaration that the institution is listed for the participating jurisdiction is in force under subsection (2).

Note 1: Listing under this section is relevant to paragraphs 29(2)(j) to (m), which provide for the Operator to determine that a participating jurisdiction is a funder of last resort for an institution that is responsible for abuse.

Note 2: Listing under this section does not make an institution a partly‑participating institution (unlike listing under section 164B). An institution that is not a participating institution and not a partly‑participating institution cannot be required to provide a person with a direct personal response.

 (2) The Minister may, by notifiable instrument, declare that an institution (other than a defunct institution) is listed for one or more participating jurisdictions under this section.

 (3) The Minister must not make a declaration under subsection (2) listing an institution for the Commonwealth or a participating Territory unless the Minister is satisfied that:

 (a) the relevant jurisdiction has agreed, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section; and

 (b) if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would not be discharged; and

 (i) the institution has not agreed to be listed for the participating jurisdiction under section 164B; or

 (ii) the institution cannot be so listed because of paragraph 164B(3)(d); and

 (d) exceptional circumstances justify the institution being listed for the jurisdiction under this section.

 (4) The Minister must not make a declaration under subsection (2) listing an institution for a participating State unless the Minister is satisfied that:

 (a) the State has agreed, in a way provided for in the State’s referral Act or adoption Act, to the institution being listed for the State under this section; and

 (b) if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would not be discharged; and

 (i) the institution has not agreed to be listed for the participating jurisdiction under section 164B; or

 (ii) the institution cannot be so listed because of paragraph 164B(4)(d); and