National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 6) Declaration 2021
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 8 July 2021
Anne Ruston
Minister for Families and Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 6) Declaration 2021.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4 and anything in Schedule 1 not elsewhere covered by this table | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
1 Section 6 (Participating State institutions (NSW)), at the end of paragraph (h)
Omit the word “and”.
2 Section 6 (Participating State institutions (NSW)), at the end of paragraph (i)
Insert:
; and
(j) Each institution (however described) which is prescribed to be a State institution for New South Wales in the Rules.
3 Section 8 (Participating Territory institutions (ACT)), at the beginning of the section
Insert “(1)”.
4 Section 8 (Participating Territory institutions (ACT)), at the end of subparagraph (d)(ii)
Insert:
(2) To avoid doubt, subsection (1) does not include the University of Canberra.
5 Section 8A (Participating State institutions (Tas.)), at the beginning of the section
Insert “(1)”.
6 Section 8A (Participating State institutions (Tas.)), at the end of paragraph (f)
Insert:
(2) To avoid doubt, subsection (1) does not include the University of Tasmania.
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 6) Declaration 2021I, made by Anne Ruston, the Minister for Families and Social Services, was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislative instrument addresses specific gaps in the original Act by providing further clarifications and adjustments to the definitions and scope of participating state institutions in New South Wales and Tasmania, and participating territory institutions in the Australian Capital Territory. The Declaration was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the intent to streamline and refine the scheme’s framework for providing redress to victims of institutional child sexual abuse. The amendments were designed to ensure that the scheme's provisions are accurately applied and that the intended institutions are correctly identified, thereby achieving the policy objective of providing effective and targeted support to victims.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 6) Declaration 2021I, made by Anne Ruston, the Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This legislation applies to institutions involved in child sexual abuse in New South Wales, the Australian Capital Territory, and Tasmania, and is specifically tailored to address redress for victims within these jurisdictions. The amendments clarify the scope of participating state institutions and explicitly exclude certain entities such as the University of Canberra and the University of Tasmania from the list of participating institutions in the ACT and Tasmania respectively. This amendment ensures that the redress scheme maintains a clear and precise definition of participating institutions, which is crucial for the effective administration of the scheme. The jurisdictional reach of the Act is limited to the specified states and territories, and it operates under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The legislative changes are effective from the day after the instrument is registered, as outlined in the commencement provisions.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 6) Declaration 2021, made by Anne Ruston, the Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The commencement date for sections 1 to 4 and any amendments in Schedule 1 is the day after the instrument is registered (section 2(1)). This means that these sections and amendments will come into effect immediately after the instrument is registered.
The Act imposes specific obligations on participating state and territory institutions in relation to institutional child sexual abuse. For instance, the amendments now include additional institutions under the scheme for New South Wales and the Australian Capital Territory, and explicitly exclude the University of Canberra and the University of Tasmania from participating institutions in those jurisdictions (Schedule 1, items 2 and 6). This ensures a clear and comprehensive coverage of institutions liable under the scheme.
Failure to comply with the provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can result in various legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in this instrument, breaches of the Act may typically lead to legal action, penalties, or other enforcement measures as prescribed by the Act. The penalties for non-compliance can vary and may include fines or other sanctions depending on the nature and severity of the breach.
It is important for institutions and relevant parties to adhere to the amended provisions to avoid any potential legal repercussions. The precise penalties and enforcement mechanisms are outlined in the main Act and should be consulted for detailed information. The amendments aim to ensure that the scheme operates effectively and comprehensively, providing appropriate redress to victims of institutional child sexual abuse.