National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 4)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 6 August 2020
Anne Ruston
Minister for Families and Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 2
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 4).
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to this instrument has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
1 Schedule 1 (at the end of the table)
Add:
11 | Waverley Emergency Adolescent Care | Victoria |
12 | Alexandra Babies Home | Victoria |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 4) was enacted to address the issue of institutional child sexual abuse by amending the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was introduced by the Minister for Families and Social Services, Anne Ruston, and was designed to ensure that victims of institutional child sexual abuse have access to redress through the National Redress Scheme. The policy objective is to provide a mechanism for recognising and compensating victims of institutional child sexual abuse, thereby offering a pathway to justice and healing.
The enacting body for this amendment is the Minister for Families and Social Services, with the authority stemming from subsection 164(2) of the Act. The amendment declares additional institutions in Victoria as Funders of Last Resort, thereby expanding the scope of the redress scheme to include these entities. The commencement of this instrument occurs on the day after it is registered, with the specific provisions and amendments detailed in Schedule 1. This legislative action aims to enhance the support and recognition available to victims by broadening the scope of the National Redress Scheme.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 4) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, which was established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act applies to entities and individuals involved in institutional child sexual abuse cases, providing a framework for redress and compensation. The legislation aims to ensure that victims of institutional child sexual abuse have access to a scheme that offers financial and non-financial redress. The application of the Act extends to any entity or individual that is designated as a "funder of last resort" under the scheme, meaning those who are responsible for providing compensation to victims in the absence of other funding sources. The geographic reach of the Act is national, applying across all jurisdictions in Australia. However, the specific application and administration of the scheme may vary depending on state and territory laws, while still adhering to the overarching federal framework. The Act includes provisions for subordinate instruments, which may further define or extend its application, ensuring flexibility in addressing emerging issues related to institutional child sexual abuse.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 4) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding Waverley Emergency Adolescent Care and Alexandra Babies Home to the list of institutions for which the Commonwealth is the funder of last resort (Schedule 1). This means that if victims of sexual abuse at these institutions cannot obtain redress from other sources, the Commonwealth will provide financial compensation.
The Act imposes obligations on the entities it governs, including the requirement that Waverley Emergency Adolescent Care and Alexandra Babies Home be added to the list of institutions where the Commonwealth acts as the funder of last resort. This means that the Commonwealth will be responsible for providing financial compensation to victims of sexual abuse at these institutions if no other source of redress is available. The Act also requires that the amendments be registered and commence on the day after registration, as specified in the commencement section (section 2).
The Declaration does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to adhere to the requirements of the Act, such as not providing redress when required, could potentially result in legal action or other consequences under the broader legislative framework governing the National Redress Scheme. While the Declaration itself does not specify penalties, non-compliance with the overarching Act could lead to civil or criminal penalties as outlined in the primary legislation.