National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 2) Declaration 2019

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 2) Declaration 2019 was enacted to amend the existing framework established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act was introduced to address the critical gap in providing redress to victims of institutional child sexual abuse in Australia. The 2019 Amendment Declaration, made under the authority of the Minister for Families and Social Services, seeks to refine and expand the scope of institutions covered by the National Redress Scheme, ensuring broader and more comprehensive redress for victims. The amendments aim to include additional participating institutions and to update the list of institutions and entities that fall within the scheme’s purview. The policy objective remains to provide a streamlined and fair process for victims to seek redress and support.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 2) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 by incorporating specific institutions and entities within the scheme, thereby extending its reach to include additional participating institutions. The amendment applies to various institutions and entities in South Australia that meet certain criteria, such as being incorporated under specific state acts, being subject to control or direction by a Minister, or being declared public sector agencies. The declaration also includes particular institutions under the Sisters of Mercy, De La Salle Brothers, and other entities, as well as their respective governing bodies and subsidiary companies. This amendment is effective from 1 February 2019 and is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It does not include specific exclusions or exemptions but rather extends the application of the scheme to additional institutions and entities, thereby broadening the scope of the redress scheme to cover more affected individuals.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 2) Declaration 2019 introduces amendments to the existing scheme, specifically targeting certain institutions within South Australia and other entities. Section 1 of the instrument declares the name and scope of the amendments. Section 2 outlines the commencement date, with all provisions taking effect on 1 February 2019. The instrument is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, as stated in Section 3. The substantive changes are detailed in Schedule 1. Section 8E of Schedule 1 identifies various South Australian state institutions as participating institutions, including those incorporated under specific Acts, administrative units, agencies or instrumentalities of the Crown, bodies corporate with certain governance structures, public sector agencies, subsidiaries of public corporations, school councils, and other institutions that have been superseded or abolished. This expanded list aims to ensure a comprehensive inclusion of entities that may have been involved in institutional child sexual abuse. Section 11 updates the list of institutions for which the Australian Catholic Redress Limited is the redress agent, removing and inserting new institutions accordingly. For instance, all Sisters of Mercy Australia and Papua New Guinea institutions are now under the purview of Mercy Support Ltd. Section 13 modifies the table to include all South Australian institutions, ensuring that they are covered under the scheme. Finally, Section 15 revises the table to reflect new institutions under specific redress agents, such as the Sisters of St Joseph of the Sacred Heart institutions under Trustees of the Sisters of St Joseph and the De La Salle Brothers institutions under Trustees of the De La Salle Brothers. The obligations imposed by this amendment require specific institutions to participate in the redress scheme, providing a framework for victims of institutional child sexual abuse to seek redress. These institutions are mandated to cooperate with the scheme, ensuring that they are accountable and transparent in addressing past abuses. The inclusion of specific South Australian institutions and the delineation of participating non-government institutions ensures that a broader range of entities are covered, thereby extending the scope of the scheme. Failure to comply with the provisions of this amendment could result in legal consequences, although specific offences, penalties, or consequences are not detailed within the text of this instrument. However, given that the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 provides a legal framework for the scheme, non-compliance could potentially lead to enforcement actions, fines, or other civil or criminal penalties as prescribed under the Act. The detailed amendments are aimed at ensuring that all eligible institutions are appropriately included and that the redress process is as comprehensive as possible.