National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 9) Declaration 2019

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 9) Declaration 2019, made by the Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This amendment was enacted to refine and update the list of institutions participating in the National Redress Scheme, ensuring that the scheme remains comprehensive and inclusive of all relevant entities. The instrument was authorised under sections 115(2) and 119, 134 and 137 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and commenced on the day after its registration. The policy objective is to provide a streamlined and effective redress mechanism for victims of institutional child sexual abuse, ensuring that all eligible institutions are included within the scheme to facilitate appropriate compensation and support.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 9) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to update the list of institutions that are covered by the National Redress Scheme. This scheme provides a means for survivors of institutional child sexual abuse to seek redress from the institutions responsible. The amended declaration specifies new institutions to be included, such as certain local governments, institutions superseded or abolished by others, and specific schools and religious institutions. These changes ensure that the scheme continues to cover the appropriate entities involved in cases of institutional child sexual abuse across Australia. The amendments come into effect on specified dates as outlined in the declaration and apply nationally, ensuring consistency in the scheme's application across different states and territories. Notably, incorporated non-for-profit associations are excluded from the amended classes of institutions. The declaration is made under specific sections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, and the amendments are detailed in the schedule of the instrument.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 9) Declaration 2019 introduces amendments to the existing legislation concerning institutional child sexual abuse redress. These amendments primarily revise the definitions and inclusions of certain institutions within the scope of the National Redress Scheme (NRS). Specifically, Section 8C of the Act is modified to clarify that 'Service' should replace 'Services', and the categories of institutions covered are expanded to include local governments, superseded institutions, and abolished institutions of the specified types (Schedule 1, items 1 to 3). Additionally, certain institutions, such as the Uniting Church in Australia and Ballarat and Queen’s Anglican Grammar School, are explicitly included or excluded from the scheme (Schedule 1, items 4 to 6). The commencement of these amendments is staggered, with most taking effect the day after the instrument is registered, and others following the commencement of related provisions (Section 2). The obligations under this amended legislation require institutions and entities to comply with the specified definitions and inclusions within the NRS. Institutions identified in the amended sections must adhere to the new definitions and ensure that they are appropriately classified under the scheme. This includes recognising which institutions are subject to the NRS and ensuring that any relevant claims or redress procedures are handled in accordance with the updated legislative framework. Furthermore, the inclusion of new institutions necessitates that these entities provide necessary information and cooperation to the NRS as required by the amended Act. Breaches of the provisions outlined in the amended legislation may result in legal consequences. While the specific penalties are not detailed in the text, violations of the NRS or failure to comply with its requirements could potentially lead to civil or criminal penalties. These may include fines or other sanctions as prescribed by the relevant laws governing the NRS. It is essential for institutions and entities affected by these amendments to ensure full compliance to avoid any legal repercussions.