National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 1) Declaration 2018

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 1) Declaration 2018 was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was introduced to address issues and gaps in the original act, particularly concerning the scope of institutions covered under the scheme. The enacting body is the Australian Parliament, and the policy objective is to provide a clearer definition of the institutions eligible for the redress scheme, ensuring that the scheme adequately addresses the victims of institutional child sexual abuse. The amendments focus on refining the list of institutions and clarifying the types of institutions that are covered by the scheme. The instrument, made under the authority of the Minister for Families and Social Services, Paul Fletcher, commenced on the day after its registration.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 1) Declaration 2018 applies to institutions and entities involved in the redress scheme for institutional child sexual abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The declaration amends the original scheme to clarify which institutions are included and to add specific organisations to the list of participating entities. The amendments specifically exclude certain educational and local government bodies from the definition of participating institutions, thereby limiting the scope of the scheme to particular types of organisations. The declaration also modifies the list of participating institutions by adding several Scout Association entities and the United Protestant Association of NSW Limited, while removing certain previously listed organisations. The geographic reach of this amendment is national, impacting all jurisdictions within Australia that fall under the original act. The declaration does not introduce any new exclusions, exemptions, or thresholds, but it does refine the existing framework through amendments and additions to the list of participating institutions. This legislation extends the original act's application through subordinate instruments, ensuring the scheme operates as intended within the legislative framework.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 1) Declaration 2018 makes specific amendments to the existing legislation concerning the National Redress Scheme for Institutional Child Sexual Abuse. For example, paragraph 6(h) is amended to explicitly exclude certain institutions from the definition of 'institutions'. Similarly, paragraph 9(ep) is revised to include additional entities in the list of approved institutions. These amendments aim to clarify and update the list of institutions eligible for the redress scheme, ensuring that it accurately reflects the current entities involved. The Act imposes certain obligations on the parties and entities it governs. Firstly, the institutions listed in the Schedule must ensure they meet the criteria set out in the amended legislation. They need to verify their eligibility and provide necessary documentation to the Scheme administrators. Furthermore, they are required to adhere to the guidelines and protocols established by the Scheme to ensure the proper administration of the redress process. Non-compliance with these obligations could result in penalties or exclusion from the Scheme. Breaches of the Act or its regulations can result in significant consequences. Firstly, institutions found to be in breach of the specified criteria may face penalties, including financial fines and potential exclusion from the Scheme. In addition to financial penalties, the Act may also impose civil or criminal sanctions for more serious violations. The maximum penalties are not explicitly stated in the text provided, but they are likely to be detailed in the primary legislation or associated regulations. It is important for institutions to fully understand their obligations and comply with the Act to avoid these adverse outcomes.