National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 8)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 11 October 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. 8).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
60 | Redlands Adolescent Support Inc | Queensland |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 8) was enacted to address a gap in the initial legislation concerning the inclusion of additional funders of last resort. This instrument is a notifiable instrument, made under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, by the Minister for Families and Social Services, Anne Ruston. The policy objective of this instrument is to ensure that all appropriate parties who may be liable as funders of last resort are appropriately identified and included within the scheme. The declaration adds Redlands Adolescent Support Inc from Queensland to the list of such entities, reflecting the evolving understanding of the entities that fall under this category. This addition aims to strengthen the scheme's effectiveness in providing redress to victims of institutional child sexual abuse by ensuring that all responsible parties are accounted for.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 8) is an instrument designed to amend the existing legislation under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This specific amendment, dated 11 October 2021 and made by Anne Ruston, the Minister for Families and Social Services, pertains to the identification and inclusion of additional entities as 'Funders of Last Resort'. The instrument applies to entities that are responsible for institutional child sexual abuse and are required to contribute to the National Redress Scheme. This includes organisations, institutions, and any other entities that fall under the purview of the Scheme. The geographic reach of this instrument is national, as it pertains to the overarching Act, which operates across the Commonwealth of Australia. The amendments made by this instrument do not exclude any specific entities or jurisdictions but rather extend the application of the Scheme to include additional identified organisations such as Redlands Adolescent Support Inc in Queensland. This instrument comes into effect on the day following its registration, as stipulated in the commencement section.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 8) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This legislative instrument, made by Anne Ruston, the Minister for Families and Social Services, specifies that its provisions commence the day after it is registered, as outlined in the commencement table (Section 2). The authority for this amendment is provided under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The Schedule to this instrument details amendments to the 2019 Declaration, with the addition of Redlands Adolescent Support Inc as a recognised entity under the scheme (Schedule 1, item 60).
Under this legislation, the primary obligation is to recognise additional entities as eligible funders of last resort for victims of institutional child sexual abuse. The Act now includes Redlands Adolescent Support Inc, allowing it to provide support and redress to victims through the National Redress Scheme. This recognition ensures that the scheme can extend its reach to cover more victims and provide necessary assistance and compensation.
The legislation does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance. However, any breach of the terms and conditions set by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 could potentially lead to civil or criminal liability depending on the nature and severity of the breach. Penalties for such breaches can vary widely and may include fines, imprisonment, or both, depending on the specific provisions of the primary Act and any relevant case law or statutory provisions. It is essential for entities and individuals involved in the scheme to adhere to the established guidelines to avoid any legal repercussions.