National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 10) Declaration 2020

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 10) Declaration 2020I was made by the Minister for Families and Social Services, Anne Ruston, and commenced on 19 June 2020. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 and is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The policy objective is to address the gap in the existing legislative framework by updating the list of institutions associated with child sexual abuse and ensuring that survivors have access to redress through the National Redress Scheme. This amendment reflects the ongoing commitment to recognising and supporting victims of institutional child sexual abuse.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 10) Declaration 2020 applies to the institutions specified within its Schedule 1, which includes various religious, educational, and care organisations across Australia. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to add new institutions to the list of those covered by the scheme, thereby expanding the scope of entities that may be subject to redress applications for institutional child sexual abuse. The instrument is enacted under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and its amendments apply nationally, affecting entities in all states and territories of Australia. The instrument does not specify any exclusions or thresholds for its application, but it does exclude any amendments made to provisions other than those specified in Schedule 1. The instrument's application can be further extended or restricted through subordinate instruments, although none are specified in the text.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 10) Declaration 2020I introduces several amendments to the existing National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, and these amendments will commence on the day after the instrument is registered, except for those specified in Schedule 1, item 1, which will commence immediately after the commencement of the provisions covered by table item 1. These amendments are made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and will affect the listed institutions by amending or repealing certain provisions. The amendments primarily serve to include additional institutions in the scope of the scheme. For example, the new institutions to be included are Anglicare Central Queensland Ltd, Christ Church Grammar School, The Ivanhoe Girls Grammar School, The Mother’s Union in Australia Diocese of Sydney Inc, and St Paul’s Anglican Grammar School Limited, among others. These additions ensure a broader coverage of institutions that fall under the purview of the scheme. Additionally, new institutions such as The Eighth Day Baptist Church, New Life Baptist Church, Southern Cross Community Church, and Swan Hill Baptist Church are also added to the list. These amendments reflect a continual effort to expand the scheme to cover more institutions that have been implicated in child sexual abuse cases. In terms of obligations and requirements, these amendments impose on the newly included institutions the need to comply with the scheme’s provisions, including the requirement to provide redress to victims of child sexual abuse. The institutions must adhere to the processes outlined in the National Redress Scheme, which involves the establishment of a framework for making payments to victims, providing access to counselling services, and ensuring that the scheme operates transparently and efficiently. The institutions will also need to engage with the scheme's administrators to facilitate the redress process. Regarding penalties and consequences, the legislation does not explicitly outline specific penalties for non-compliance with the amended provisions. However, the overarching framework established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 provides that failure to comply with the scheme’s requirements could result in legal actions, including civil suits for damages or other remedies. While the specific penalties are not detailed in the declaration itself, the Act ensures that institutions have a strong incentive to comply with the scheme to avoid potential legal repercussions and to provide appropriate redress to the victims.