National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 2) Declaration 2018

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 2) Declaration 2018, made by Paul Fletcher, the Minister for Families and Social Services, was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislative instrument was designed to address the identified gaps and problems in the existing framework, particularly concerning the inclusion of additional institutions under the scheme. The instrument was made under the authority of the Act and came into effect the day after it was registered. The primary objective of this amendment was to ensure that the scheme adequately covers all relevant institutions involved in institutional child sexual abuse, thereby providing a comprehensive redress mechanism for victims. The enacting body for this instrument was the Parliament of Australia, with the intention to enhance the existing legislative provisions to better serve the needs of survivors of institutional child sexual abuse. By incorporating additional entities such as the Salvation Army Property Trust institutions, the amendment aimed to expand the scope of the National Redress Scheme, ensuring that it provides appropriate support and redress to a broader range of affected individuals.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 2) Declaration 2018 amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 by expanding the scope of the scheme to include additional entities. The scheme applies to various entities such as religious organisations and their related trusts, specifically naming The Salvation Army Property Trust institutions across different states of Australia, including New South Wales, Victoria, Northern Territory, Tasmania, Western Australia, Queensland, and South Australia. The Act applies to these entities by incorporating them into the scheme, which provides redress for victims of institutional child sexual abuse. The geographic reach of the Act is national, as it pertains to entities across multiple states within Australia. The Act does not specify any exclusions, exemptions, or thresholds within the text provided. However, the scope and application of the scheme may be further detailed through subordinate instruments, which could provide additional guidance or specific conditions under which the Act operates.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 2) Declaration 2018 (F2018N00158) amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The primary operative sections of this declaration include the repeal of paragraph 9(ew) and the addition of new subparagraphs (ex) to (fd) under paragraph 9, listing various Salvation Army Property Trusts established in different states of Australia (section 1). Additionally, it introduces a new entry in section 15 under the table, recognising "The Salvation Army (Australia) Redress Limited" as the responsible entity for all Salvation Army Property Trust institutions (section 3). The obligations imposed by this legislation primarily involve the inclusion of additional entities, specifically the Salvation Army Property Trusts in each Australian state and territory, into the scheme's purview. This means these entities must now comply with the reporting, redress, and regulatory requirements established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The Salvation Army (Australia) Redress Limited, as the designated entity, will be responsible for handling claims and providing redress for these institutions. There are no specific offences, penalties, or consequences outlined within the text of this particular declaration. However, the broader Act under which this amendment operates does provide for various sanctions. For instance, breaches of the Act, such as failure to comply with reporting obligations or misuse of funds intended for redress, could result in civil or criminal penalties. The maximum penalties could include fines and, in some cases, imprisonment, depending on the severity and intent behind the breach. Furthermore, entities found to be in violation of the Act could face additional regulatory scrutiny, including potential orders for redress or compensation to affected individuals.