National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 2) Declaration 2026

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 2) Declaration 2026I was enacted on 26 May 2026, by Grant Lovelock, acting as a delegate of the Minister for Social Services. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 to address gaps in the existing scheme, ensuring it encompasses additional institutions implicated in child sexual abuse cases. The amendments are designed to expand the scope of redress available to victims, ensuring that all eligible institutions are covered under the scheme. The declaration was made under specific subsections of the Act, aiming to facilitate a more comprehensive approach to institutional redress for child sexual abuse victims.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 2) Declaration 2026I, made by Grant Lovelock, a delegate of the Minister for Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This legislative instrument applies to specific institutions that have been identified as being implicated in child sexual abuse cases. These amendments expand the scope of the original declaration to include additional institutions, thereby broadening the net of entities subject to the provisions of the Act. The changes are geographically applicable across the Commonwealth of Australia and affect entities involved in the redress scheme established to compensate victims of institutional child sexual abuse. Notably, the declaration omits certain institutions and makes additions to the list of covered entities, thus refining the scope of the Act. The amendments extend to the definitions and entities listed in the schedules, with specific entries being either omitted or added to the original declaration. This amendment does not introduce any new exclusions or exemptions beyond those already defined in the original Act.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2026 Measures No. 2) Declaration 2026I (sections 1 to 4 and the Schedule) commences on the day after this instrument is registered, except for Schedule 1, item 3, which commences immediately after the commencement of the other provisions. The instrument is made under various subsections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The amendments include changes to the definition of 'institution', the addition of new institutions to the list, and the modification of certain items in the Schedules. The Act imposes several obligations on parties involved in the scheme, such as institutions required to report instances of child sexual abuse, the Redress Scheme Administrator responsible for managing the scheme, and the Minister for Social Services overseeing the administration of the Act. Institutions must provide relevant information and cooperate with the scheme, while the Administrator ensures the proper functioning of the scheme, including handling claims and distributing redress payments. The Minister is responsible for the overall governance and policy direction of the scheme. There are civil and criminal consequences for breaches of the Act. For example, institutions failing to comply with reporting obligations may face penalties, including fines and legal action. The Act also outlines specific offences related to the misuse of scheme funds or fraudulent claims, which can result in criminal charges. The maximum penalties for these offences can vary, with fines and imprisonment possible depending on the severity of the breach. The exact penalties are detailed in the main Act and are subject to the jurisdiction of the relevant courts.