National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 9) Declaration 2021

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 9) Declaration 2021, made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, was introduced to address the need for further amendments to the original legislation. This Declaration, dated 11 October 2021 and issued by Anne Ruston, the Minister for Families and Social Services, aims to provide a more comprehensive framework for the redress scheme by including additional institutions involved in child sexual abuse. The primary objective of this amendment is to ensure that the scheme covers all relevant institutions, thereby extending the scope of redress available to victims. The amendments, which include the addition of specific institutions and the modification of certain provisions, commenced on the day after the instrument was registered, with some provisions taking effect immediately after the commencement of others.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 9) Declaration 2021I, made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This legislation applies to specific institutions involved in child sexual abuse cases, extending the reach of the National Redress Scheme to include additional institutions such as Football West Limited, Yeshivah-Beth Rivkah Schools Limited, and others as outlined in the amendments. The amendments specify new institutions to be covered under the scheme, thereby expanding its scope to encompass a broader range of entities responsible for institutional child sexual abuse. The geographic reach of this legislation is national, affecting institutions across Australia. The amendments do not specify any exclusions, exemptions, or thresholds, but they do indicate that the application of the Act may be further defined through subordinate instruments. This declaration aims to ensure that the redress scheme is comprehensive and inclusive of all relevant institutions involved in institutional child sexual abuse.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 9) Declaration 2021 (the Declaration) makes amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 (the 2018 Declaration). The operative sections of the Declaration (sections 1 to 4 and Schedule 1) commenced on the day after the instrument was registered, while certain specified items in Schedule 1 commenced immediately after the commencement of the main provisions (Schedule 1, items 1, 2, and 5). This instrument was made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (the Act). The Declaration amends the 2018 Declaration by adding new entries to Schedule 1, which lists the institutions eligible for the Scheme. New entries include the Football West Limited institutions (section 11), the Engadine Congregational Church institution (section 11C), and the Rochedale Church of Christ institution (section 15(1)). Additionally, it corrects an omission in section 15(1) by removing unnecessary references to specific paragraphs (section 15(1)). Furthermore, the Declaration expands the list of eligible institutions by adding several new institutions to Schedule 1 (Schedule 1, items 527 to 538) and correcting a typographical error (Schedule 1, item 7). These amendments ensure that the Scheme's scope is updated to cover more institutions that may have been involved in child sexual abuse. Under the Act, institutions listed in Schedule 1 are eligible for the National Redress Scheme, which provides a means for survivors of institutional child sexual abuse to seek redress. The obligations imposed on these institutions include the requirement to acknowledge the abuse that occurred under their watch, provide appropriate support services to survivors, and comply with any other terms and conditions set out in the Scheme. The institutions must also cooperate with the Redress Scheme Administrator in good faith to ensure the effective implementation of the Scheme. Failure to comply with the obligations imposed by the Act can result in various consequences. While the Declaration itself does not explicitly outline specific offences or penalties, the Act provides a framework for potential enforcement actions. For example, the Act allows for the imposition of civil penalties for non-compliance, with the maximum penalty varying depending on the nature and severity of the breach. Additionally, institutions that fail to meet their obligations may face reputational damage, loss of funding, or legal action from affected individuals. It is essential for institutions to understand and adhere to their obligations under the Act to avoid any adverse consequences.