165ASpecial rules for funder of last resort cases—participating jurisdictions

165A  Special rules for funder of last resort cases—participating jurisdictions Effect of participating jurisdiction being funder of last resort  (1) If the Operator determines:  (a) under paragraph 29(2)(j) that an institution is responsible for abuse of a person; and  (b) under paragraph 29(2)(k) that one or more participating jurisdictions are a funder of last resort for the institution in relation to the abuse; then each of those jurisdictions are proportionally liable, in accordance with this section, for half of what the institution would have been liable to pay in relation to providing redress to the person, had the institution been a participating institution. The Commonwealth bears the other half. Determining amount of redress payment  (2) When determining under subparagraph 29(2)(c)(i) the amount of a redress payment for a person, the Operator must apply subsections 30(2) to (5) as if each institution:  (a) that the Operator determines under paragraph 29(2)(j) is responsible for the abuse; and  (b) for which the Operator determines under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort in relation to the abuse; were also a responsible institution in relation to the abuse. Determining amount of participating jurisdiction’s share of redress payment  (3) Subsections (4) and (5) set out how the Operator must make a determination under subparagraph 29(2)(l)(i) about the amount of a participating jurisdiction’s (the funding jurisdiction’s) share of the costs of a redress payment for a person. Note: Subparagraph 29(2)(l)(i) does not apply to a participating jurisdiction if the jurisdiction is the Commonwealth. For the Commonwealth’s share of the costs of the redress payment, see subsections (6) and (7) of this section.  (4) The Operator must first work out an amount, in the following way, for each institution for which the Operator determines under paragraph 29(2)(k) that the funding jurisdiction is a funder of last resort in relation to the abuse:  (a) first, halve the amount worked out under subsection 30(2) (as applying because of subsection (2) of this section) as the amount of the institution’s share of the costs of the redress payment (to the extent that it relates to the abuse);  (b) then divide that half by the number of participating jurisdictions that are funders of last resort for the institution in relation to the abuse. Note 1: If the funding jurisdiction is the only funder of last resort for the institution in relation to the abuse, the amount worked under paragraph (b) will be the same as the half worked out under paragraph (a). Note 2: If there is more than one funder of last resort for the institution in relation to the abuse, and one of those is the Commonwealth, then, although the Commonwealth’s share of the costs of the redress payment is not worked out under subsections (3) to (5), the Commonwealth is included in the number of funders of last resort for the purposes of paragraph (b) of this subsection.  (5) The Operator must then work out the amount of the funding jurisdiction’s share of the costs of the redress payment for the person by adding together the amounts worked out under subsection (4) of this section. Determining amount of Commonwealth’s share of redress payment  (6) When determining under subparagraph 29(2)(c)(iii) the amount of the Commonwealth’s share of the costs of a redress payment for the person, the Operator must:  (a) apply subsections 30(2) to (4) as if each institution:  (i) that the Operator determines under paragraph 29(2)(j) is responsible for the abuse; and  (ii) for which the Operator determines under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort in relation to the abuse;   were also a responsible institution in relation to the abuse; and  (b) for each institution to which paragraph (a) of this subsection applies:  (i) work out an amount under subsection (7); and  (ii) add that amount to what, apart from this paragraph, would have been the amount of the Commonwealth’s share of those costs.  (7) For the purposes of subparagraph (6)(b)(i), the Operator must:  (a) first, halve the amount worked out under subsection 30(2) (as applying because of paragraph (6)(a) of this section) as the amount of the institution’s share of the costs of the redress payment (to the extent that it relates to the abuse); and  (b) if the Operator determines that the Commonwealth is a funder of last resort for the institution in relation to the abuse—then:  (i) divide that half by the number of participating jurisdictions that the Operator determines are funders of last resort for the institution in relation to the abuse; and  (ii) add the half worked out under paragraph (a) to the amount worked out under subparagraph (i) of this paragraph. Note: If the Commonwealth is the only funder of last resort for the institution in relation to the abuse, the amount worked out under this subsection will be the whole of the amount worked out under subsection 30(2) (as applying because of paragraph (6)(a) of this section) as the amount of the institution’s share of the costs of the redress payment. Determining participating jurisdiction’s share of costs of counselling and psychological component of redress  (8) Subsections (9) and (10) set out how the Operator must make a determination under subparagraph 29(2)(l)(ii) about the amount of a participating jurisdiction’s (the funding jurisdiction’s) share of the costs of the counselling and psychological component of redress for a person. Note: Subparagraph 29(2)(l)(ii) does not apply to a participating jurisdiction if the jurisdiction is the Commonwealth. For how to work out the Commonwealth’s share of the costs of the counselling and psychological component, see subsections (11) to (13) of this section.  (9) The Operator must first work out an amount, in the following way, for each institution for which the Operator determines under paragraph 29(2)(k) that the funding jurisdiction is a funder of last resort in relation to the abuse:  (a) first, determine, in accordance with section 31, the amount of the institution’s share of those costs as if the institution were also a responsible institution;  (b) then halve the amount worked out under paragraph (a);  (c) then divide that half by the number of participating jurisdictions that the Operator determines are funders of last resort for the institution in relation to the abuse. Note 1: If the funding jurisdiction is the only funder of last resort for the institution in relation to the abuse, the amount worked under paragraph (c) will be the same as the half worked out under paragraph (b). Note 2: If there is more than one funder of last resort for the institution in relation to the abuse, and one of those is the Commonwealth, then, although the Commonwealth’s share of the costs of the counselling and psychological component of redress is worked out under subsections (11) to (13) rather than under subsections (8) to (10), the Commonwealth is included in the number of funders of last resort for the purposes of paragraph (b) of this subsection.  (10) The Operator must then work out the amount of the funding jurisdiction’s share of the costs of the counselling and psychological component of redress for the person by adding together the amounts worked out under subsection (9). Determining Commonwealth’s share of costs of counselling and psychological component of redress  (11) Subsections (12) and (13) set out how the Operator must make a determination under subparagraph 29(2)(l)(iii) about the amount of the Commonwealth’s share of the costs of the counselling and psychological component of redress for a person.  (12) The Operator must first work out an amount, in the following way, for each institution for which the Operator determines under paragraph 29(2)(k) that one or more participating jurisdictions (whether or not the Commonwealth) is a funder of last resort in relation to the abuse:  (a) first, determine, in accordance with section 31, the amount of the institution’s share of those costs as if the institution were also a responsible institution;  (b) then halve that amount;  (c) if the Operator determines that the Commonwealth is a funder of last resort for the institution in relation to the abuse—then:  (i) divide that half by the number of participating jurisdictions that the Operator determines are funders of last resort for the institution in relation to the abuse; and  (ii) add the half worked out under paragraph (b) to the amount worked out under subparagraph (i) of this paragraph. Note: If the Commonwealth is the only funder of last resort for the institution in relation to the abuse, the amount worked out under this subsection will be the whole of the amount worked out under paragraph (a).  (13) The Operator must then work out the amount of the Commonwealth’s share of the costs of the counselling and psychological component of redress for the person by adding together the amounts worked out under subsection (12). Scheme administration costs  (14) When determining under subsection 152(2) a participating jurisdiction’s (the funding jurisdiction’s) (other than the Commonwealth’s) contribution to the costs of the administration of the scheme for a quarter, the Operator must, for each institution for which the Operator determines under paragraph 29(2)(k) that the funding jurisdiction is a funder of last resort in relation to abuse:  (a) determine the amount of the institution’s contribution to those costs as if the institution were a participating institution; and  (b) halve that amount; and  (c) divide that half by the number of participating jurisdictions that the Operator determines are funders of last resort for the institution in relation to the abuse; and  (d) add the amount worked out under paragraph (c) to what, apart from this subsection, would have been the amount of the funding jurisdiction’s contribution to those costs. Rounding  (15) If an amount worked out under subsection (5) or (10) or paragraph (14)(c) is not a whole number of cents, round the amount up to the next whole number of cents. Part 6‑3—Debt recovery