National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 7)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 16 September 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. 7).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
43 | Gnowangerup Mission | Western Australia |
44 | Mount Margaret Mission | Western Australia |
45 | Warburton Mission | Western Australia |
46 | Amy Bethel House | Western Australia |
47 | Badjaling Mission | Western Australia |
48 | Cosmo Newbery Mission | Western Australia |
49 | Djurain Mission | Western Australia |
50 | Fitzroy Crossing Mission | Western Australia |
51 | United Aborigines Mission Halls Creek | Western Australia |
52 | Mount Magnet Mission | Western Australia |
53 | Sunday Island Mission | Western Australia |
54 | Kurrawang Mission | Western Australia |
55 | Kurrawang Cottage | Western Australia |
56 | Pukalari Cottage | Western Australia |
57 | Lake Jasper Aboriginal Corporation | Western Australia |
58 | Aboriginal Child Care Agency | Western Australia |
59 | Overton Residential Nursery | Victoria |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 7) was enacted to address a specific gap in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was introduced to amend the list of institutions covered under the scheme, ensuring that victims of child sexual abuse in additional institutions are eligible for redress. Enacted by Anne Ruston, the Minister for Families and Social Services, this amendment aims to extend the scope of the National Redress Scheme to include further institutions that were previously not covered. The policy objective of this amendment is to provide redress to a broader group of victims, thereby recognising and addressing the widespread issue of institutional child sexual abuse. The amendments are effective from the day after the instrument is registered, ensuring timely inclusion of the additional institutions.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 7) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. It applies to specified institutions in Western Australia and Victoria that have been implicated in institutional child sexual abuse. The amendment expands the list of institutions to include additional missions and agencies, thereby extending the scope of the original declaration. The instrument is made under the authority of subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and comes into effect the day after it is registered. The Act itself is a Commonwealth legislation designed to provide a scheme for the provision of redress to victims of institutional child sexual abuse, and this amendment seeks to ensure that more institutions are covered under the scheme. The inclusion of additional institutions aims to broaden the geographic and jurisdictional reach of the Act to address the systemic nature of the abuse across different regions and institutions.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 7) amends the 2019 declaration under section 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The amendment comes into effect the day after the instrument is registered, as specified in Section 2(1). The amendments listed in Schedule 1 add additional institutions in Western Australia to the list of approved funder organisations eligible to receive payments under the Scheme, as indicated in Section 4. These institutions include, among others, the Nowangerup Mission, Mount Margaret Mission, Warburton Mission, and Amy Bethel House, among others.
The obligations imposed by this Act include the identification and listing of additional institutions eligible to receive payments from the National Redress Scheme. This obligation ensures that victims of institutional child sexual abuse from these newly listed institutions can seek redress through the Scheme. The Act also mandates that these institutions must comply with the Scheme's guidelines and processes for handling claims and making payments to victims. Furthermore, the institutions must adhere to any additional conditions or requirements set by the Scheme to ensure the proper administration of the redress payments.
Breach of the provisions outlined in this Act can lead to civil and criminal consequences. While the specific penalties are not detailed in the text provided, it is common for breaches of legislative instruments related to victim redress schemes to carry significant penalties. These may include fines, legal action, and potential reputational damage for the institutions involved. The exact penalties would typically be outlined in the primary legislation or related regulations, which may not be provided in the excerpt. It is essential for the affected institutions to comply fully with the Scheme's requirements to avoid these consequences.