National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 4) Declaration 2021

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 4) Declaration 2021I was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act was established to provide a national redress scheme for victims of institutional child sexual abuse. The 2021 amendment seeks to update the scheme by adding new institutions and modifying existing entries. The Declaration was made by Anne Ruston, the Minister for Families and Social Services, and it came into effect on 3 June 2021. The policy objective is to ensure the redress scheme remains comprehensive and current, thereby providing appropriate support to victims of child sexual abuse across various institutions. The changes introduced by this amendment reflect ongoing efforts to expand the coverage and inclusivity of the scheme in response to evolving needs and new evidence of institutional abuse.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 4) Declaration 2021 applies to the institutions and entities listed in the amended Schedule 1, which now includes the Woodville West Torrens Football Club, all Australian Football League institutions, and several other religious and community service organisations. This amendment extends the scheme's coverage to additional institutions involved in child sexual abuse cases, thereby expanding the scope of entities that may be subject to the redress measures outlined in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The geographic reach of this Act is national, covering all states and territories within Australia. The Act is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and the amendments are effective from the day after the instrument is registered. The amendments include the addition of new institutions and the omission or alteration of existing entries to ensure comprehensive coverage of relevant entities.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 4) Declaration 2021 (the "Declaration") amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 (the "2018 Declaration") and introduces changes to the institutions covered by the scheme. Sections 1 to 4 of the Declaration, along with those parts of Schedule 1 not specifically covered by the commencement table, will come into effect the day after the Declaration is registered. Other specified provisions in Schedule 1, namely items 1, 2, and 8, will take effect immediately after the commencement of the aforementioned provisions. The Declaration is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The obligations and requirements imposed by the Act on the parties and entities it governs are primarily centred around the administration and operation of the National Redress Scheme. This scheme is designed to provide redress to victims of institutional child sexual abuse. The amendments made by the Declaration specifically alter the list of institutions covered by the scheme, expanding it to include certain institutions previously excluded. This ensures a broader scope of coverage for victims seeking redress under the scheme. The Declaration also includes specific provisions regarding the commencement of various sections and items within the Schedule, ensuring a clear and orderly implementation of the amendments. It is important for practitioners to be aware of these commencement dates to understand when certain provisions will apply. Any breach of the obligations or requirements set out in the Act could lead to civil or criminal consequences, although the Declaration itself does not detail specific penalties for non-compliance. The penalties for breaches of the original Act, however, could include fines and, in some cases, imprisonment. The Declaration makes several amendments to the 2018 Declaration, including adding new institutions to the list of those covered by the National Redress Scheme, such as Woodville West Torrens Football Club institutions and various church entities. It also removes certain items from the Schedule and modifies the wording in some provisions to ensure clarity and accuracy. These amendments are designed to ensure the scheme continues to provide appropriate redress to victims of institutional child sexual abuse, adapting to new circumstances and ensuring comprehensive coverage.