National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 5)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 5) was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, addressing the ongoing need to identify and manage institutional child sexual abuse cases more effectively. This notifiable instrument was made by Anne Ruston, the Minister for Families and Social Services, under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The primary policy objective of this legislation is to ensure that the National Redress Scheme can accurately identify and manage funder responsibilities, particularly in cases where the responsible entity is no longer in existence or cannot be identified. This amendment, which comes into effect the day after registration, updates the list of funder entities to include additional institutions such as Bomaderry Children’s Home and Foundation for Aboriginal Affairs in New South Wales.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 5) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, specifically targeting entities that are responsible for institutional child sexual abuse in Australia. This instrument is applicable to specific institutions and entities identified within its schedule, such as the Bomaderry Children’s Home and the Foundation for Aboriginal Affairs in New South Wales. The legislation extends its reach across state and territory boundaries, thereby affecting various institutions that may have participated in or contributed to institutional child sexual abuse. This instrument is made under the authority of subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which empowers the Minister for Families and Social Services to declare additional funders of last resort. The commencement of this amendment is effective from the day after it is registered, and it applies to the specified entities without any exclusions or exemptions as outlined within the schedule.

Key Provisions

The primary operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 5) are outlined in the instrument itself. Section 1 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. 5). Section 2 details the commencement of the instrument, stating that it commences on the day after it is registered. Section 3 clarifies the authority under which the instrument is made, which is subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Finally, Section 4 refers to the Schedules, where amendments and repeals of specified instruments are outlined. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily focused on the amendments specified in Schedule 1. This Schedule amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding two new entries to the list of institutions. Specifically, Bomaderry Children’s Home in New South Wales and the Foundation for Aboriginal Affairs in New South Wales are added to the list of institutions that are subject to the National Redress Scheme. This means that these institutions are now required to comply with the scheme’s provisions, including any reporting, disclosure, and redress obligations. Regarding offences, penalties, or civil/criminal consequences for breach, the Declaration itself does not specify these directly. However, the underlying Act, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, would outline the penalties and consequences for non-compliance. Typically, breaches of such legislative requirements could result in both civil and criminal penalties. Civil penalties might include fines and compensation orders, while criminal penalties might include imprisonment. The specific maximum penalties would be detailed in the Act, but they are intended to enforce compliance and ensure that institutions provide appropriate redress to victims of institutional child sexual abuse.