National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 6) Declaration 2025

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 6) Declaration 2025, made by Tanya Plibersek, the Minister for Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This instrument was enacted to address the growing need for a comprehensive redress scheme to provide compensation and support to victims of institutional child sexual abuse in Australia. The Declaration was made under various subsections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the objective of expanding the list of institutions covered by the scheme and improving its effectiveness. The amendments include the addition of new institutions to the list and adjustments to the wording to ensure clarity and inclusivity. This update aims to provide broader coverage and support for victims who were previously not included within the scheme's purview. The amendments specified in Schedule 1 of the Declaration ensure that the scheme now encompasses additional institutions, thereby extending its reach and the potential for redress to more victims. By expanding the list and refining the language used in the legislation, the Declaration seeks to address gaps in the original scheme, ensuring that it remains responsive to the needs of victims and the evolving understanding of institutional child sexual abuse.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 6) Declaration 2025, made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This instrument applies to institutions listed in the amended schedules, specifically adding new institutions such as the Women’s Health Care Association Inc, Jewish Care (Victoria) Inc, and Spyder (BC) MidCo Pty Ltd, among others, to the list of entities eligible for the scheme. The geographic reach of this Act is national, applying across all states and territories of Australia, including the Australian Capital Territory. The amendments made by this instrument are effective from the day after the instrument is registered, except for specific provisions that take effect immediately after the commencement of other provisions. The Act does not specify exclusions, exemptions, or thresholds; however, it extends its application through subordinate instruments, which are detailed in the schedules.

Key Provisions

The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2025 Measures No. 6) Declaration 2025 (sections 1 to 4) establish the name of the instrument, specify the commencement dates for different provisions, outline the authority under which the instrument is made, and detail the schedules that amend or repeal specified instruments (section 4). The commencement of these sections occurs on the day after the instrument is registered, except for specific provisions in Schedule 1, which commence immediately after the commencement of other provisions (section 2). This instrument is made under several subsections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, including subsections 115(2), 119, 134(1), 137(1), 164A(2), and 164B(2) (section 3). The obligations and requirements imposed by this instrument primarily involve amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. These amendments include the addition of new institutions, such as the Women’s Health Care Association Inc and Jewish Care (Victoria) Inc, to the list of institutions covered by the scheme (Schedule 1, items 1 and 6). Additionally, there are modifications to the references to institutions in the relevant sections to ensure clarity and consistency (Schedule 1, items 278 to 285). Furthermore, the instrument extends the scope of the scheme to include additional institutions and entities, such as Belmont Swansea United Football Club ACN 002 324 754 LTD, Biripi Aboriginal Corporation Medical Centre, and others, by including them in the amended tables (Schedule 1, end of the table). In terms of offences, penalties, or consequences for breaches, the legislation itself does not explicitly outline specific criminal or civil penalties for non-compliance. However, under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, non-compliance with the scheme’s requirements could potentially lead to legal actions, including fines and other civil remedies. The exact penalties would depend on the nature of the breach and the specific provisions of the Act that are contravened. The maximum penalties, if applicable, would be determined by the relevant courts based on the severity of the breach and the jurisdictional guidelines.