National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 6)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 22 October 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. 6).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to this instrument has effect according to its terms.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:
16 | Piabun Farm | Queensland |
17 | Yuddika Family Group Home | Queensland |
18 | Bethel Children’s Home | Queensland |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 6) was enacted to amend the existing legislation concerning the National Redress Scheme for Institutional Child Sexual Abuse. This scheme was established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which aimed to provide a national scheme for the redress of institutional child sexual abuse in Australia. The 2020 amendment was introduced to address gaps in the original Act by further defining the scope of 'funders of last resort'. The enactment was overseen by the Minister for Families and Social Services, Anne Ruston, and is intended to ensure that redress payments are made to victims of institutional child sexual abuse when no other funding sources are available. This amendment reflects the policy objective of providing comprehensive support and redress to victims while ensuring that the scheme operates efficiently and effectively within the existing legal framework.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 6) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument applies to specified institutions, particularly those involved in child sexual abuse in Australia, as detailed in Schedule 1. The amendment adds three new institutions to the list of funders of last resort, namely Piabun Farm, Yuddika Family Group Home, and Bethel Children's Home, all located in Queensland. The geographic reach of this Act is national, impacting all states and territories within Australia. The Act’s primary focus is on institutions and entities that have been involved in institutional child sexual abuse, aiming to ensure appropriate redress for victims. This legislation does not specify any exclusions or exemptions, nor does it establish thresholds, but it does extend its application through subordinate instruments such as the Schedules, which list the specific institutions affected by the amendments.
Key Provisions
The primary sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (No. 6) (sections 1-4) establish the name and commencement date of the instrument, the authority under which it is made, and the amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. Section 2 specifies that the instrument commences on the day after it is registered. Section 3 confirms that the instrument is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Section 4 outlines the amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, including the addition of Piabun Farm, Yuddika Family Group Home, and Bethel Children’s Home in Queensland as entities subject to the scheme.
The obligations imposed by this instrument primarily concern the entities listed in the amended Schedule 1. These entities are now subject to the National Redress Scheme for Institutional Child Sexual Abuse, which means they must comply with the scheme's requirements for handling claims related to institutional child sexual abuse. This includes providing information, cooperating with investigations, and potentially compensating victims as determined by the scheme. The obligations also include ensuring that the details of the abuse are thoroughly documented and reported to relevant authorities.
Failure to comply with the requirements of the National Redress Scheme for Institutional Child Sexual Abuse can lead to civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not detailed in the instrument, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 generally can result in significant fines and potential imprisonment. The maximum penalties can vary depending on the specific provision breached but can include fines of up to $210,000 for individuals and up to $1,050,000 for bodies corporate, along with imprisonment terms that can extend to several years. These penalties are intended to ensure compliance and to provide a deterrent against non-compliance.