National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 1) Declaration 2024

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 1) Declaration 2024 was made by Amanda Rishworth, the Minister for Social Services, on 3 April 2024. This declaration amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to address specific issues and update the list of eligible institutions under the National Redress Scheme. The scheme aims to provide financial and other forms of redress to victims of institutional child sexual abuse. The amendments were made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which was enacted to establish a scheme for providing redress to victims of child sexual abuse in institutional settings. The primary policy objective of the Act is to provide a mechanism for redress that is fair, efficient and responsive to the needs of victims. The declaration includes changes to the definition of government entities and updates the list of institutions eligible for the scheme, ensuring that the scheme remains comprehensive and inclusive of all relevant institutions.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 1) Declaration 2024I is a legislative instrument made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It aims to amend the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 by introducing specific changes that affect the scope of the scheme. This amendment applies to government entities within the meaning of section 276 of the Public Sector Act 2022 (Qld), excluding entities mentioned in paragraphs 276(1)(b) or (c) that do not represent the State of Queensland under a Queensland Act. Additionally, the amendment includes certain institutions, such as the University of Queensland and its affiliated entities, the Presentation Sisters Property Association, and several other entities, which are now subject to the scheme. The changes made by this amendment commenced on the day after the instrument was registered, with some provisions taking effect immediately after the initial commencement. This legislative amendment broadens the scope of entities covered by the National Redress Scheme, thereby extending the redress opportunities available to victims of institutional child sexual abuse.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 1) Declaration 2024I (the 'Declaration') amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. Sections 1, 2 to 6, and anything in Schedule 1 not elsewhere covered by the table in section 2 of the Declaration commence the day after the instrument is registered (section 2(1)). Schedule 1, items 3 and 7 commence immediately after the commencement of the provisions covered by table item 1 (section 2(2)). The Declaration is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, specifically under subsections 115(2), 116(2), 119, 134(1), and 137(1) of the Act (section 3). The Declaration imposes obligations on the entities it governs by amending the definition of 'government entity' in paragraph 8C(1)(a) of the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. It specifically excludes entities mentioned in paragraphs 276(1)(b) or (c) of the Public Sector Act 2022 (Qld) and those that, under a Queensland Act, do not represent the State of Queensland (Schedule 1, item 1). Additionally, it adds institutions associated with The University of Queensland and Presentation Sisters Property Association to the list of entities subject to the Scheme (Schedule 1, items 3 and 7). It also modifies the table in Schedule 1 by omitting certain references and adding new entries, such as Althea Projects Incorporated, Belmont Christian College Limited, Mueller College Limited, St Margaret’s School, Toongabbie Christian College Ltd, and Mount Isa Amateur Netball Association Inc (Schedule 1, items 8 to 10). The Declaration introduces specific offences and penalties for non-compliance with the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. While the Declaration itself does not explicitly detail the maximum penalties for breach, the primary Act provides for various civil and criminal consequences for non-compliance. Civil penalties include fines of up to $1.1 million for individuals and $5.5 million for bodies corporate, as stipulated in section 122 of the Act. Criminal penalties include imprisonment for up to 5 years, a fine of up to $275,000 for individuals, or both, as outlined in section 123 of the Act. These penalties are applicable to breaches of the Scheme's provisions, ensuring compliance and the effective redress for victims of institutional child sexual abuse.