National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 4) Declaration 2023
I, Amanda Rishworth, Minister for Social Services, make the following Declaration.
Dated 28 June 2023
Amanda Rishworth
Minister for 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 (2023 Measures No. 4) Declaration 2023.
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. | |
2. Schedule 1 | Immediately after the commencement of the provisions covered by table item 1. | |
Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 11 (table items 127-128 and 162)
Omit.
2 Section 11B (table item 3)
Omit.
3 Section 11C (table item 1)
Omit.
4 Section 15 (table items 55-65, 67-69, 83-85, 99-100, 102-104, 122-124, 136, 156, 170, 193, 196 and 232)
Omit.
5 Schedule 1 (table items 88-90, 92-105, 107-110, 112, 114, 116-117, 119-120, 122-124, 127-132, 135-149, 151-153, 164-167, 176, 178-180, 187-195, 199-204, 221-223, 225-228, 237-238, 240-245, 247-249, 254, 261, 264-265, 274-276, 293-295, 297-300, 312, 314-317, 319-323, 325, 347-348, 350, 363-366, 368-370, 383-384, 398, 405-407, 431, 462, 476-482, 485, 522, 543, 568, 582 and 662)
Omit.
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 4) Declaration 2023I was made by Amanda Rishworth, Minister for Social Services, under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The purpose of this amendment is to further refine and support the existing legislative framework established by the National Redress Scheme, addressing identified gaps or issues in the redress process for victims of institutional child sexual abuse. This instrument aims to enhance the efficiency and effectiveness of the Scheme by making targeted amendments, as necessitated by ongoing evaluation and stakeholder feedback. The changes are set to come into effect immediately after the instrument's registration and its associated provisions are taken into consideration.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 4) Declaration 2023I amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, which establishes a national scheme to provide redress to victims of institutional child sexual abuse. This legislation applies to victims of institutional child sexual abuse and the institutions that perpetrated such abuse across Australia, as it is a Commonwealth Act. The amendments and omissions outlined in Schedule 1 primarily affect the eligibility criteria and processes for making claims under the scheme, thereby impacting both the claimants and the institutions involved. The commencement provisions ensure that certain sections and schedule items come into effect immediately after the instrument's registration, while others have specific start dates as detailed in the table. This Act does not specify any exclusions, exemptions, or thresholds but may be further refined or extended through subordinate instruments under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 4) Declaration 2023I introduces several amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. According to Section 1, this instrument is the formal amendment made by Amanda Rishworth, the Minister for Social Services. The commencement provisions outlined in Section 2 detail that certain sections and items in Schedule 1 take effect on different dates, with most provisions becoming effective the day after the instrument is registered.
The amendments specified in Schedule 1 are extensive and target various sections and items within the original legislation. For instance, Section 11 (table items 127-128 and 162), Section 11B (table item 3), and Section 11C (table item 1) are omitted, indicating a removal or revision of specific provisions. Furthermore, Section 15, which contains multiple table items (55-65, 67-69, 83-85, 99-100, 102-104, 122-124, 136, 156, 170, 193, 196, and 232), is also omitted. Additionally, numerous items in Schedule 1, such as table items 88-90, 92-105, 107-110, and so forth, are omitted, indicating significant changes across the legislative framework.
The obligations and requirements imposed by these amendments vary but generally focus on streamlining the processes within the National Redress Scheme for Institutional Child Sexual Abuse. By omitting certain sections and items, the legislation aims to clarify and possibly simplify the administration of the scheme, ensuring that it remains effective and responsive to the needs of those affected by institutional child sexual abuse. These changes likely seek to enhance the operational efficiency and clarity of the scheme, thereby better supporting victims and facilitating the redress process.
Under this amendment, there are no explicit provisions detailing offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the amended provisions could result in legal repercussions under the broader National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The Act itself may outline penalties for non-compliance, which could include fines, sanctions, or other legal actions as deemed appropriate by the relevant authorities. The exact penalties would depend on the specific nature of the breach and the provisions violated.