National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 4) Declaration 2025

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 4) Declaration 2025I was made under the authority of Amanda Rishworth, the Minister for Social Services, and is an amendment to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This amendment was enacted to address the problem of institutional child sexual abuse and to provide a framework for redress and support for victims. The Declaration includes amendments to the list of institutions and organisations subject to the Scheme, reflecting the evolving understanding of where and how such abuse has occurred. This instrument was created to ensure that the Scheme remains comprehensive and effective in addressing the needs of survivors, thereby fulfilling the policy objective of providing redress and support to those affected by institutional child sexual abuse. The Declaration came into effect the day after its registration.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 4) Declaration 2025 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This legislation applies to entities involved in institutional child sexual abuse, specifically those listed in the schedules of the amended declaration. The geographic scope of the Act is national, encompassing institutions across various states and territories of Australia. The Act does not specify any exclusions or exemptions but extends its application to various entities through the amendments detailed in the schedules. The instrument is made under various subsections and sections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, ensuring that the amendments are legally grounded and officially recognised. The commencement of the amendments follows registration, with specific provisions outlined to ensure a smooth and legally compliant transition.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 4) Declaration 2025 introduces several amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. These amendments primarily involve the addition and omission of certain institutions under various sections. For example, Section 11 (between Item 186 and 187) and Section 11 (at the end of the table) add new institutions such as Haoust Holdings Pty Ltd, Gymnastics NSW Limited, Penrith Christian School, and Youturn Limited. Additionally, Subsection 15(1) omits certain paragraphs, while Schedule 1 adds new entries such as Baptist Union of the Northern Territory and removes others like Mt Evelyn Christian Reformed Church Inc. Furthermore, new institutions are added at the end of Schedule 1 and Schedule 2, including North Lodge Swimming Academy Victoria and Armadale Youth Accommodation Services Inc., respectively. The obligations and requirements imposed by this Amendment Declaration include the need for institutions to comply with the updated list of recognised entities. Institutions that are newly included must adhere to the provisions and guidelines set forth by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This includes participating in the redress process, cooperating with investigations, and ensuring the appropriate handling of claims related to child sexual abuse. The updated list also mandates that the Scheme's administrators must now consider these newly added institutions when evaluating claims and providing redress. Breaches of the requirements under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can result in civil and criminal consequences. Specifically, the Act stipulates that failure to comply with the obligations, such as not cooperating with investigations or providing false information, can lead to substantial fines. The maximum penalty for corporations can be up to $2.1 million, while individuals may face penalties of up to $210,000. Additionally, serious breaches may result in imprisonment, with the specific duration depending on the severity of the offence. These penalties are intended to enforce compliance and ensure the proper administration of the redress scheme.