National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020
I, Anne Ruston, Minister for Families and Social Services, make the following instrument.
Dated 3 March 2020
Anne Ruston
Minister for Families and Social Services
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under section 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedule
Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in Schedule 1, and any other item in Schedule 1 has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
1 Section 5
Repeal and substitute:
(1) For the purposes of section 164 of the Act, each defunct institution specified in column 1 of the table in Schedule 1 is listed for the participating jurisdiction in column 2.
2 Schedule 1 (heading)
Repeal and substitute:
Schedule 1—Listed defunct institutions
3 Schedule 1 (table), Column 1 (heading)
Repeal and substitute:
Defunct institutions
4 Schedule 1 (table)
At items 1-4, insert a new column:
Column 2 Participating jurisdiction |
Queensland |
Queensland |
Queensland |
Queensland |
5 Schedule 1 (table)
After item 4, insert:
5 | Glenara Children’s Home (formerly the Northern Tasmanian Home for Boys) | Tasmania |
6 | Emergency Foster Care Incorporated | South Australia |
7 | Kurbingai Hostel | South Australia |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, addressing the need to clarify and update the list of defunct institutions eligible for the scheme. This instrument was introduced by Anne Ruston, the Minister for Families and Social Services, and is intended to ensure that victims of institutional child sexual abuse receive appropriate redress. The enacting authority is derived from section 164(2) of the original Act, and the policy objective is to rectify and enhance the scheme's effectiveness by updating the list of participating jurisdictions and defunct institutions. This amendment ensures that the scheme continues to meet its intended purpose of providing redress to victims, reflecting the current jurisdictional landscape and defunct institutions.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 applies to defunct institutions that have been involved in institutional child sexual abuse. The amendment specifies these institutions and their associated participating jurisdictions, amending the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This instrument operates under section 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and comes into effect following registration. It amends existing instruments to update the list of defunct institutions and participating jurisdictions, thereby extending the scheme’s reach to include additional institutions in Queensland, Tasmania, and South Australia. The amendments are set out in Schedule 1, which details the changes to be made to the original declaration. This instrument does not specify any exclusions or exemptions, and its application is limited to the institutions and jurisdictions explicitly listed.
Key Provisions
The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2020 (sections 1-4) establish the name of the instrument (section 1), specify its commencement date (section 2), outline the authority under which it is made (section 3), and detail the amendments or repeals to the specified instruments (section 4). Specifically, section 4 references Schedule 1, which outlines the amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This includes the repeal and substitution of the list of defunct institutions (section 5) and the amendment of the heading and table in Schedule 1 to include new defunct institutions and participating jurisdictions (sections 3 and 4).
The obligations and requirements imposed by this legislation pertain to the identification and listing of defunct institutions involved in child sexual abuse, ensuring that these institutions are recognised within their respective participating jurisdictions. Section 5 of the Schedule mandates the repeal and substitution of the list of defunct institutions, ensuring that the updated list reflects the current understanding and recognition of these institutions within the framework of the National Redress Scheme. Additionally, the insertion of a new column in the table and the inclusion of new defunct institutions and participating jurisdictions (sections 3 and 4) ensures that the list remains comprehensive and accurate, facilitating appropriate redress for victims.
The legislation does not explicitly detail offences, penalties, or consequences for breaches. However, given its nature and the context of the National Redress Scheme, non-compliance with the requirements to accurately list and recognise defunct institutions could result in legal and administrative repercussions. Such repercussions might include challenges in the eligibility of victims for redress, delays in the scheme's operations, or potential legal challenges regarding the validity of the scheme's processes. While the specific penalties are not stated, the importance of adhering to the legislative requirements is underscored by the potential impact on the scheme's effectiveness and the victims it aims to support.