National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 2)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 2) was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, introducing changes to address gaps in the current framework. This instrument was made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 by Anne Ruston, Minister for Families and Social Services, and it commenced on the day after its registration. The primary objective of this legislation is to ensure that survivors of institutional child sexual abuse receive appropriate and timely redress, including by identifying and amending the list of Funders of Last Resort to reflect changes in institutional structures or ownership. The changes aim to ensure that the scheme remains effective in providing redress to victims across various institutions.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 2) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, extending the scope of entities subject to the scheme. This amendment applies to entities that have been involved in institutional child sexual abuse and fall under the purview of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The legislation is of national reach and applies to entities across Australia, regardless of the state or territory in which they operate. The declaration extends the scheme to include additional institutions, specifically the Providence Children’s Home in Bacchus Marsh, Victoria, which was not previously covered. The legislation does not explicitly state any exclusions, exemptions, or thresholds, but the scope of application is determined by the institutions identified in the schedule of the declaration. The application of this Act can be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 2) include the commencement and authority provisions. The commencement of the instrument is detailed in section 2(1), stating that all provisions of the instrument will take effect the day after it is registered. The authority for making this instrument is provided in section 3, which references subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Additionally, Schedule 1 of the instrument includes amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, specifically adding Providence Children’s Home, Bacchus Marsh, Victoria to the list of amended instruments. The obligations and requirements imposed by this amendment declaration primarily concern the entities and parties governed by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. By amending the list of funders of last resort, the declaration ensures that Providence Children’s Home, Bacchus Marsh, Victoria is now included in the scheme, thereby extending its coverage to this additional institution. This inclusion mandates that the Home complies with the legislative requirements for reporting and managing claims of institutional child sexual abuse, as stipulated under the Act. Moreover, the declaration updates the scheme's framework to reflect this change, ensuring that all governed parties are aware of and adhere to the new amendments. Breaches of the obligations and requirements set forth in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can result in both civil and criminal consequences. The Act does not explicitly detail penalties within the declaration itself, but generally, violations of the scheme's provisions can lead to significant legal repercussions. For instance, failure to comply with the reporting requirements or mismanaging claims can result in fines or other financial penalties. In more severe cases, criminal charges may be pursued against individuals or entities responsible for non-compliance, potentially leading to imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as outlined in the overarching Act.