28Special rules for funder of last resort cases

#### 28 Special rules for funder of last resort cases (1) This section applies if the Operator has made a determination under paragraphs 29(2)(i) to (m) of the Act that a participating institution or participating jurisdiction is a funder of last resort for a defunct institution, partly‑participating institution or institution listed under section 164C of the Act in relation to abuse of a person. (2) This section modifies the operation of Divisions 2 and 4 for the purposes of working out: (a) the amount that: (i) is a responsible institution’s share of the maximum amount of redress payment that could be payable to the person; and (ii) is worked out under step 1 of the redress payment method statement; and (b) the amount that is a responsible institution’s share of the costs of the counselling and psychological component of redress for the person. (3) For the purposes of working out the amounts described in paragraphs (2)(a) and (b) for every institution that the Operator has determined under paragraph 29(2)(b) of the Act is responsible for abuse of the person, Divisions 2 and 4 of this Part apply as if: (a) the defunct institution, partly‑participating institution or institution listed under section 164C of the Act were a participating institution and a responsible institution; and (b) the defunct institution, partly‑participating institution or institution listed under section 164C of the Act’s gross liability amount worked out under step 2 of the redress payment method statement for the person were the amount worked out under that step when applying it in accordance with paragraph 165(2)(a) and subsection 165A(2) of the Act. > Note: This is consistent with the approach taken in sections 165 and 165A of the Act for working out the participating institution’s or participating jurisdiction’s liabilities but ensures that a similar approach is taken when working out the liabilities of all institutions that the Operator has determined were responsible (because under this Part the liabilities of each of those institutions are affected by how many participating institutions and responsible institutions there are and amounts worked out for the rest of those institutions).