National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 6)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 6) was made by Anne Ruston, the Minister for Families and Social Services, on 25 August 2021. This notifiable instrument amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 to include an additional funder, the Retta Dixon Home, which is now designated as a funder of last resort under the National Redress Scheme. The scheme was enacted to address the issue of institutional child sexual abuse, aiming to provide a redress mechanism for victims. The declaration is made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the objective of ensuring that victims of institutional child sexual abuse have access to support and compensation from the appropriate sources.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 6) is an instrument made under the authority 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 to include additional institutions that are now recognised as Funders of Last Resort within the National Redress Scheme. The amendment adds Retta Dixon Home, a Commonwealth institution, to the list of eligible institutions, thereby expanding the scope of the scheme to provide financial support and redress to more victims of institutional child sexual abuse. The entire instrument comes into effect on the day it is registered on the Federal Register of Legislation, with the amendments applying prospectively from that date. This declaration is significant as it ensures that additional victims who were abused in Commonwealth-run institutions have access to the redress scheme, aligning the scheme's coverage more comprehensively with the diverse institutions involved in historical child abuse cases.

Key Provisions

The main operative sections of this legislation, the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 6), include the provisions for the amendment of the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. Specifically, Section 1 identifies the name of the instrument as the 2021 amendment to the 2019 declaration. Section 2 outlines the commencement details, stipulating that the entire instrument commences on the day it is registered on the Federal Register of Legislation. Section 3 asserts the authority under which this instrument is made, namely subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Finally, Section 4 details the schedules, where specific instruments are amended or repealed as outlined in the applicable items of the Schedule concerned. The obligations and requirements imposed by this Act on the parties and entities it governs are primarily concerned with the amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. These amendments are specified in Schedule 1, which adds the entity "Retta Dixon Home Commonwealth" to the list of eligible entities under the Scheme. This addition means that Retta Dixon Home Commonwealth will now be subject to the same obligations and requirements as other listed entities, including the provision of financial support to victims of institutional child sexual abuse through the National Redress Scheme. In terms of consequences for breach, the Act itself does not detail specific offences, penalties, or consequences for non-compliance with its provisions. However, it is important to note that the underlying Act, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, may provide for such measures. For instance, breaches of the underlying Act could potentially lead to civil or criminal penalties depending on the nature and severity of the breach. The specific penalties would be outlined in the relevant sections of the Act 2018, and could include fines, imprisonment, or other legal consequences as deemed appropriate by the courts.