National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No.1) Declaration 2022

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No. 1) Declaration 2022 was enacted to address the growing need for victims of institutional child sexual abuse to receive timely and appropriate redress. This legislation, made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, aims to provide victims with a means to seek redress by amending the scheme to include additional institutions implicated in such abuse. The enactment of this legislation by the Minister for Families and Social Services, Anne Ruston, highlights the commitment to address gaps in the original scheme's coverage, ensuring a more comprehensive approach to redress for victims of institutional child sexual abuse. The policy objective is to extend the scope of the National Redress Scheme to encompass more institutions, thereby providing a broader support framework for victims. The Declaration amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 by adding new institutions to the scheme's purview. This includes the Presbyterian Church NSW and ACT institutions, Saint Stephen’s College Limited, Nexus Church Limited, and several other entities. These amendments are aimed at broadening the scheme’s coverage to include additional institutions identified as sites of child sexual abuse. By incorporating these changes, the legislation seeks to ensure that more victims have access to the redress mechanisms provided under the scheme, thereby fulfilling its broader objective of supporting those affected by institutional child sexual abuse.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No. 1) Declaration 2022 amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This amendment extends the application of the Act to include additional institutions, specifically the Presbyterian Church (NSW) Property Trust and Saint Stephen’s College Limited, and their associated entities, which are now subject to the provisions of the Act. The amendment also makes adjustments to the table in Schedule 1 to reflect these changes, including the omission and addition of certain items. The changes commenced on the day after the instrument was registered, with specific provisions commencing immediately after the commencement of the primary provisions. The Act applies to various institutions that have been identified as having engaged in child sexual abuse, thereby subjecting them to the redress scheme established under the Act. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act does not specify any exclusions or exemptions in the text provided. However, the application of the Act may be further defined or restricted through subordinate instruments or regulations made under the authority of the Act. These regulations could provide additional details on the implementation and enforcement of the scheme, including specific procedures for reporting, redress, and compliance by the affected institutions.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No.1) Declaration 2022 (the "Declaration") amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. Section 1 of the Declaration names the instrument, while Section 2 specifies the commencement of the various provisions, with some provisions starting the day after the instrument is registered and others immediately following the commencement of the first set of provisions (Section 2(1)). Section 3 identifies the authority under which the instrument is made, namely the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The amendments to the 2018 Declaration are detailed in Schedule 1, which includes the addition of new institutions and modifications to existing entries (Section 4). The obligations imposed by this Declaration on the relevant parties, primarily institutions that fall under the purview of the National Redress Scheme, include the requirement to comply with the updated list of institutions subject to the Scheme. For example, new institutions such as the Presbyterian Church (NSW) Property Trust, Saint Stephen's College Limited, and others are now included in the Scheme, necessitating their adherence to the requirements and obligations of the Scheme (Schedule 1, items 141 and 142). Additionally, modifications to the existing entries mean that institutions must ensure they are correctly identified and comply with the Scheme's stipulations as updated in the Declaration. Breaches of the provisions outlined in the Declaration may result in various consequences. Although the Declaration itself does not explicitly outline specific offences, penalties, or consequences for non-compliance, the broader National Redress Scheme for Institutional Child Sexual Abuse Act 2018 provides a framework within which such breaches might be addressed. Under the Act, penalties for non-compliance can include fines and other civil or criminal sanctions, depending on the nature and severity of the breach. The maximum penalties are determined by the specific provisions of the Act and any relevant regulations or subsidiary legislation.