National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 1) Declaration 2026

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 1) Declaration 2026I was enacted to make amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act was established to provide a redress scheme for victims of institutional child sexual abuse, ensuring that survivors have access to support and compensation. The 2026 Amendment was made under the authority of several subsections of the Act, and it includes changes to the list of institutions covered by the scheme, updating names and adding new institutions to ensure comprehensive coverage. The changes are aimed at expanding the scope of the scheme to include more institutions that may have been involved in child sexual abuse, thereby ensuring that all eligible survivors can seek redress. The Declaration was made by Patrick Hetherington, acting as a delegate of the Minister for Social Services, and it came into effect on specified dates, with certain provisions taking immediate effect upon registration of the instrument.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 1) Declaration 2026 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, impacting the entities involved in the redress scheme for institutional child sexual abuse. The amendments primarily involve the substitution of the name "Kids First Australia Ltd (formerly known as Children’s Protection Society Inc.)" for "Children’s Protection Society Inc." in various sections and items. Additionally, the declaration introduces new institutions, including The Hope Unlimited Church Incorporated, Lives Lived Well Limited, Hub Community Projects Inc., and others, to the list of entities covered under the scheme. These changes are effective from the day after the instrument is registered, with certain provisions taking effect immediately after the initial commencement date. The amendments extend the geographic and jurisdictional reach of the original act by incorporating new entities across different states and territories, thereby expanding the scope of institutions subject to the redress scheme. The declaration does not explicitly state exclusions or thresholds, but it extends the application of the original act through subordinate instruments by amending and adding to the schedules.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 1) Declaration 2026I introduces amendments to the existing National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, primarily through Schedule 1. The amendments include changes to the names of certain institutions and the addition of new institutions to the list of those covered by the scheme. Specifically, the Declaration updates the name of "Children’s Protection Society Inc." to "Kids First Australia Ltd" and includes additional institutions such as "Hope Unlimited Church Incorporated," "Lives Lived Well Limited," and "Hub Community Projects Inc." Additionally, the Declaration modifies references to institutions in subsection 15(1) and adds new institutions to the various schedules, such as "Moreton Bay College," "Ballina Lighthouse and Lismore Surf Life Saving Club Inc," and "Aboriginal and Islander Child Care Agency." The obligations imposed by the Declaration include ensuring that the amended list of institutions is correctly referenced in all relevant documentation and communications. The updated names and added institutions must be accurately reflected in all future dealings under the National Redress Scheme. This involves updating databases, records, and any public-facing information to reflect the changes. Institutions named in the Declaration must also be aware of their inclusion and comply with any additional requirements or reporting obligations that may be associated with being part of the scheme. Failure to comply with the provisions of the Declaration could result in legal consequences. While the specific penalties are not detailed in the Declaration, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can lead to both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties can result in imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions that apply. Institutions and individuals involved in the scheme are expected to adhere to the updated information to avoid any potential legal repercussions.