National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 3)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 14 July 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. 3).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
25 | Ten20 Foundation | Victoria |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 3) was made by Anne Ruston, the Minister for Families and Social Services, and came into effect the day after it was registered on 14 July 2021. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding the Ten20 Foundation in Victoria as an additional funder of last resort. The amendment was made under the authority of subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which was enacted to address the problem of institutional child sexual abuse by providing a scheme for redress to victims. The policy objective of this amendment is to ensure that additional funding is available to support victims through the redress scheme.
Scope and Application
This instrument, the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 3), is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding Ten20 Foundation in Victoria as a recognised funder of last resort under the National Redress Scheme. The scheme aims to provide redress for survivors of institutional child sexual abuse across Australia. The amendments in this declaration take effect the day after the instrument is registered. It specifically targets entities involved in the redress scheme, such as recognised funders of last resort, ensuring they meet the legislative requirements outlined in the principal Act. The amendments extend the application of the scheme to include the Ten20 Foundation in Victoria, thereby broadening the scope of entities that can participate in the redress process for affected survivors.
Key Provisions
The key provisions of this legislation are outlined in Schedule 1, which details amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This Schedule includes an amendment that adds Ten20 Foundation Victoria to the list of entities recognised as a funder of last resort under the scheme (Schedule 1, item 2). This addition is effective from the day after the instrument is registered (Schedule 1, item 1).
The obligations and requirements imposed by this Act primarily concern the recognition and eligibility of entities as funders of last resort. By amending the original Declaration, the Act extends the list of entities that can be called upon to provide financial support in cases of institutional child sexual abuse where no other funding sources are available. This inclusion of Ten20 Foundation Victoria ensures that it is formally recognised within the scheme, allowing it to contribute to the redress efforts where appropriate. The Act does not impose additional specific obligations on the funder, but rather establishes their role within the existing framework of the scheme.
In terms of consequences for non-compliance or breach, the Act itself does not explicitly outline offences, penalties, or consequences. However, the underlying legislation, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, may provide for such provisions. Under the overarching Act, there are potential civil and criminal penalties for breaches, including fines and imprisonment, depending on the severity and nature of the offence. These penalties are detailed in the main Act and could be enforced if there were any failure to comply with the scheme's requirements or any misconduct by the recognised funder of last resort.