National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 5)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 27 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. 5).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to this instrument has effect according to its terms.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:
13 | Roelands Native Mission Farm | Western Australia |
14 | Valima Hostel | Western Australia |
15 | Marella Mission Farm | New South Wales |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 5) was enacted by Anne Ruston, the Minister for Families and Social Services, to address gaps in the existing legislative framework concerning institutional child sexual abuse, particularly in relation to the identification and amendment of funder entities. This instrument was introduced to provide further clarification and updates to the list of funder entities that are subject to the National Redress Scheme. It is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, and its primary objective is to amend the 2019 Declaration to include additional funder entities that were either omitted or identified post the initial enactment. The instrument was registered and commenced on the day following its registration, ensuring that the updates to the list of funder entities are promptly implemented within the scheme.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 5) is a legislative instrument that amends the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This amendment is made under the authority of subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The instrument applies to entities that are designated as "Funders of Last Resort" under the Act, which includes organisations that have provided funding for services to victims of institutional child sexual abuse. The amendment specifies additional institutions in Western Australia and New South Wales to be included in the list of Funders of Last Resort. The geographic scope of the Act is national, impacting entities across Australia, although the specific institutions added by this amendment are located in Western Australia and New South Wales. The instrument does not specify any exclusions or exemptions and extends the application of the Act by adding new institutions to the list of Funders of Last Resort. The commencement of the instrument is the day after it is registered, with no further details provided regarding the specific date of registration.
Key Provisions
The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 5) are concerned with the commencement of the instrument (section 2) and the authority under which it is made (section 3). The schedule (section 4) details the amendments made to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. Specifically, it includes the addition of three new institutions to the list of those eligible for funding under the Scheme: Roelands Native Mission Farm in Western Australia, Valima Hostel in Western Australia, and Marella Mission Farm in New South Wales (Schedule 1).
The obligations and requirements imposed by this instrument primarily pertain to the inclusion of the specified institutions in the list of those eligible for funding under the National Redress Scheme for Institutional Child Sexual Abuse. This inclusion means that these institutions are now subject to the same conditions and requirements as other institutions that have been previously included, such as providing redress to victims of institutional child sexual abuse. The institutions must comply with the Scheme's requirements, including contributing to the redress payments for victims and meeting other obligations as stipulated by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
The legislation does not explicitly state any offences, penalties, or consequences for breach within the text of the Declaration itself. However, the obligations and requirements imposed by the Act would imply that failure to comply with the Scheme's conditions could result in legal consequences. These could include civil penalties, legal action, or other enforcement measures as provided for under the primary Act. The penalties for breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 may include fines or other sanctions, although the specific penalties would need to be referred to in the Act itself, which is not provided in the excerpt.