National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 1)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 19 March 2021
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
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 1).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
19 | Fairbridge Farm School, Molong | Commonwealth New South Wales |
20 | Northcote Farm School | Commonwealth Victoria |
21 | Fairbridge Farm School, Pinjarra | Commonwealth Western Australia |
22 | Fairbridge Farm School, Tresca | Commonwealth Tasmania |
23 | Drapers’ Hall | Commonwealth South Australia |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 1) was enacted to address gaps in the existing legislative framework by amending the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The Act was introduced by the Australian Parliament to provide a national scheme for the redress of institutional child sexual abuse. The 2021 Amendment, declared by Anne Ruston, the Minister for Families and Social Services, aims to enhance the effectiveness of the original scheme by specifically identifying additional funder entities that are designated as "funders of last resort". This change is intended to ensure that victims of institutional child sexual abuse receive appropriate and timely redress by clarifying the roles and responsibilities of various entities involved. The instrument, made under subsection 164(2) of the Act, commenced on the day after its registration and amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding several institutions to the list of funder entities.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 1) amends the 2019 Declaration under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument applies to specific institutions involved in child sexual abuse cases, specifically adding four Fairbridge Farm Schools and Drapers' Hall to the list of Funders of Last Resort. These entities are subject to the Act's provisions, which aim to provide redress for victims of institutional child sexual abuse. The geographic reach of the Act is national, as it applies to Commonwealth territories across multiple states and territories in Australia. The Act does not specify any exclusions, exemptions, or thresholds within this Declaration. The application of the Act may be further extended or restricted through subordinate instruments, although this specific Declaration focuses on the addition of institutions to the list.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 1) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. It introduces new funders of last resort, specifically certain Fairbridge Farm Schools and Drapers’ Hall, and includes them under the scheme (Schedule 1). These additions mean that victims of child sexual abuse who were in these institutions can seek redress through the National Redress Scheme if they cannot secure compensation from the original perpetrators or their insurers.
Under this legislation, the designated institutions are now considered funders of last resort, meaning they are liable to contribute to the redress scheme in certain circumstances. The primary obligation for these institutions is to financially support victims who have not received compensation from other sources. This requires them to provide or contribute to payments for individual victims, as stipulated by the scheme. The institutions must also cooperate with the scheme administrators, providing any necessary information or documentation to facilitate claims and payments.
Failure to comply with the requirements of this amendment can lead to legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 generally attract civil and criminal penalties. The Act provides for substantial fines and, in some cases, imprisonment for serious breaches. The exact penalties would depend on the nature and severity of the breach, as outlined in the primary Act. It is important for the institutions to adhere to their obligations to avoid these potential consequences.