National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 3)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 3) was enacted to amend the existing legislative framework under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument was introduced to address the need for a more comprehensive identification and inclusion of institutions and their respective funders that fall under the category of "funders of last resort." The purpose of this amendment is to ensure that victims of institutional child sexual abuse receive appropriate redress from the designated entities that ultimately funded the institutions where the abuse occurred. Made under the authority of subsection 164(2) of the aforementioned Act, this declaration was issued by Anne Ruston, the Minister for Families and Social Services, on 6 July 2020. The overarching policy objective is to provide a more inclusive and thorough approach to identifying and holding accountable the entities that are responsible for funding the institutions where the abuse took place.

Scope and Application

This instrument, the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 3), amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. It applies to entities that are designated as "funders of last resort" under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, specifically targeting institutions such as Shiloh Home and Gilead Boys Home in Western Australia. These entities are required to contribute to the redress scheme established to provide compensation to victims of institutional child sexual abuse. The geographic reach of this legislation is national, applying across Australia under the Commonwealth's authority. It does not specify any exclusions, exemptions, or thresholds within this declaration itself but operates within the broader framework of the 2018 Act, which may include further details on eligibility and application processes. The instrument's provisions commence on the day after its registration and are subject to amendments through subordinate instruments as specified in the 2018 Act.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 3) is a legislative instrument that amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. It is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The entire instrument takes effect the day after it is registered. The amendments detailed in Schedule 1 of the instrument modify the 2019 Declaration by adding two new entries: Shiloh Home in Western Australia and Gilead Boys Home in Western Australia. These additions aim to ensure that these institutions are included under the scheme’s purview for redress related to institutional child sexual abuse. The legislation imposes certain obligations on the parties it governs. Specifically, the Funders of Last Resort scheme is designed to provide financial support to victims of institutional child sexual abuse where no other entity is responsible or able to provide compensation. This involves the creation and maintenance of a comprehensive list of institutions that are subject to the scheme. The 2020 Amendment ensures that the list is kept current and reflective of all institutions that fall within the scheme’s jurisdiction. It also mandates that the relevant authorities take appropriate steps to provide redress to victims from these institutions. Failure to comply with the requirements set out in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and its amendments can result in legal consequences. The Act stipulates various offences related to the administration and operation of the scheme. These offences can lead to both civil and criminal penalties, although the specific details of these penalties are not outlined in the 2020 Amendment itself. Typically, penalties for breaches of such legislation can include fines and imprisonment, though the exact maximum penalties would need to be referred to in the primary Act. The intent is to ensure that the scheme operates effectively and that victims receive the redress they are entitled to.