National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 11) Declaration 2025

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 11) Declaration 2025 was enacted to address gaps and update the existing framework of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was introduced to ensure that the scheme remains effective and relevant in addressing the needs of victims and survivors of institutional child sexual abuse. The Declaration was made by Patrick Hetherington, delegate of the Minister for Social Services, under various subsections of the original Act, including subsections 115(2), 119, 134(1), 137(1), 164(2), 164A(2) and 164B(2). The primary policy objective of this amendment is to enhance the inclusivity and comprehensiveness of the scheme by updating the list of institutions covered, ensuring that more victims and survivors can access the support and redress available under the scheme. The Declaration includes amendments to the original Act by adding new institutions and clarifying certain references within the legislation, ensuring that the scheme can continue to provide appropriate and timely redress to those affected.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 11) Declaration 2025I applies to amendments and additions within the framework of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, particularly focusing on the inclusion of additional institutions and entities implicated in historical cases of institutional child sexual abuse. This Act primarily concerns institutions and entities that have been identified as having perpetrated or facilitated child sexual abuse, thereby extending the scope of the National Redress Scheme to encompass these newly identified institutions. The amendments apply nationally, transcending state and territory boundaries to ensure a uniform approach to addressing and redressing historical abuses across Australia. Notably, the Act excludes any entities not specifically listed in the schedules unless they are later incorporated through subordinate instruments. The instrument is effective from specific dates outlined in the commencement table, with some provisions taking effect immediately upon the declaration's registration and others at subsequent specified times. The authority for making this declaration stems from various subsections and sections of the original Act, empowering the delegate of the Minister for Social Services to amend and extend the scope of the Redress Scheme as necessary.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 11) Declaration 2025I, made by Patrick Hetherington, the delegate of the Minister for Social Services, introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The commencement of the provisions is staggered, with sections 1 to 4 and the amendments in Schedule 1 (excluding items 1 and 5) taking effect the day after the instrument is registered. Items 1 and 5 of Schedule 1 commence immediately after the initial provisions. The amendments are made under various subsections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, such as subsection 115(2), section 119, and subsection 134(1). The obligations and requirements imposed by this instrument primarily involve updating and expanding the list of institutions covered by the National Redress Scheme. The amendments include adding new institutions to the list, such as Melbourne Christian Fellowship Incorporated, The Knox School Limited, The Trustees of the Discalced Carmelite Fathers, and Hockey New South Wales Limited. The instrument also modifies references in subsection 15(1) to reflect changes in the wording and structure of the list. Specifically, it omits certain words and adds new entries to ensure comprehensive coverage. Additionally, the schedules are updated to include new institutions and their relevant details. Breaches of the provisions set out in this instrument may lead to civil or criminal consequences. While the exact nature and penalties for such breaches are not detailed within the provided text, it is understood that any non-compliance with the requirements of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 could result in legal action. Typically, penalties for breaches of this nature can range from fines to more severe sanctions, depending on the gravity of the breach and any relevant precedents set by previous cases. The specifics of these penalties would be further defined in the primary Act and any subordinate legislation or regulations associated with it.