National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 4)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 4) was enacted to address the ongoing issue of institutional child sexual abuse in Australia by amending the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was introduced to provide further support and recognition to additional institutions where child sexual abuse occurred, thereby expanding the scope of the National Redress Scheme. The Act was passed by the Australian Parliament with the policy objective of ensuring that victims of institutional child sexual abuse have access to timely and effective redress, and to ensure that institutions where such abuse occurred are held accountable. The enacting body, the Parliament of Australia, aims to provide a comprehensive framework for redress and support to the victims of these heinous crimes.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 4) is a legislative instrument that amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This amendment is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It applies to the entities listed in Schedule 1, specifically the Colebrook Home, Finniss Springs Mission, Gerard Mission, Gerard Mission Children’s Dormitory, Kali Boys’ Hostel, Nepabunna Mission, Northcote Home, Oodnadatta Children’s Home, Ooldea Mission, Tanderra Girls Home, Swan Reach Mission, Umeewarra Mission, Umeewarra Mission Children’s Home, and Launceston Girls’ Home. These entities are identified as additional Funders of Last Resort under the Act. The geographic reach of this amendment is confined to South Australia and Tasmania, where the mentioned institutions are located. The commencement of this amendment is effective from the day after it is registered. This legislative instrument does not include any explicit exclusions, exemptions, or thresholds but operates within the existing framework of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 4) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. Section 1 of the Declaration specifies the name of the instrument, which is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 4). Section 2 addresses the commencement of the instrument, stipulating that it commences the day after it is registered. Section 3 references the authority under which the instrument is made, specifically subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Section 4 outlines the amendments to the 2019 Declaration, which are detailed in Schedule 1. The obligations imposed by this Declaration are primarily concerned with the amendments to the list of institutions covered under the National Redress Scheme for Institutional Child Sexual Abuse. These amendments add several institutions in South Australia and Tasmania to the list, thereby extending the scope of the Scheme to include survivors of abuse from these additional institutions. This expansion is intended to ensure that more victims of institutional child sexual abuse are eligible to access the Scheme’s redress processes. The Declaration itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, it is enacted under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which governs the Scheme. Under this Act, breaches of certain provisions could potentially lead to legal consequences. For example, section 165 of the Act stipulates that knowingly providing false or misleading information to the Scheme can lead to a civil penalty of up to $22,200. Additionally, section 167 states that knowingly providing false or misleading information in a document required by the Act can result in a criminal penalty of up to 100 penalty units, which equates to approximately $11,000, or imprisonment for up to 12 months, or both, as per the Crimes Act 1914. These penalties are intended to deter non-compliance and ensure the integrity of the Scheme.