National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 11) Declaration 2020

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 11) Declaration 2020I, made by Anne Ruston, the Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. Enacted under the authority of subsection 115(2), section 119, and subsections 127(1), 134(1) and 137(1) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, this legislation was introduced to address gaps and extend the coverage of institutions recognised under the scheme. The primary policy objective is to ensure that more victims of institutional child sexual abuse can access the redress scheme by expanding the list of recognised institutions. The scheme aims to provide a fair and efficient process for victims to seek redress and support.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 11) Declaration 2020 extends and amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument applies to the institutions listed in the amended schedules, which now include additional religious and educational entities that were previously omitted. The amended Act applies to those institutions which are responsible for the institutional child sexual abuse that occurred in their care, and to the victims of such abuse. The geographic reach of the Act is national, as it pertains to institutions across Australia. The Act does not specify exclusions or exemptions, but rather seeks to include as many affected entities as possible within its scope. The application of the Act can be further extended or restricted through subordinate instruments, as per the provisions of the original Act.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 11) Declaration 2020I amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The instrument's provisions come into effect on different dates. Sections 1 to 4 and any related Schedule 1 items not covered by the table in section 2 commence the day after the instrument is registered (Schedule, column 2). Meanwhile, Schedule 1, items 1 and 2 commence immediately after the provisions in table item 1 have commenced (Schedule, column 2). This instrument is authorised under specific subsections and sections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, including 115(2), 119, and subsections 127(1), 134(1), and 137(1). The amendments detailed in Schedule 1 alter the names, numbers, and types of institutions covered by the scheme. This legislation imposes several obligations on the parties involved. The most significant of these is the amendment to the list of institutions covered by the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This amendment includes adding new institutions and changing the names and numbers of existing ones. This change ensures that the scheme remains comprehensive and covers all relevant institutions, providing appropriate redress for victims of institutional child sexual abuse. The instrument also imposes penalties for non-compliance or breaches of the amended scheme. However, the specific penalties are not detailed within the instrument itself but are likely to be found in the parent Act, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Breaches of the Act can lead to various civil or criminal consequences, depending on the nature and severity of the breach. Penalties could include fines, imprisonment, or other sanctions as prescribed by the Act. The maximum penalties for offences under the Act are not specified in the instrument but are detailed in the Act itself, which must be consulted for precise details.