National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 9)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 18 November 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. 9).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
61 | Petford Training Farm | Queensland |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 9) was enacted to address the specific issue of identifying and including additional funder entities responsible for institutional child sexual abuse within the National Redress Scheme. This legislation was introduced to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, thereby expanding the list of funder entities covered under the scheme. The 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 policy objective of this amendment is to ensure comprehensive coverage and support for victims by including all relevant funder entities within the redress scheme, thereby enhancing the scheme's effectiveness and responsiveness to the needs of those affected by institutional child sexual abuse.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 9) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, focusing on the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument applies to specific entities that have been identified as Funders of Last Resort, meaning they have a financial responsibility under the Scheme for institutional child sexual abuse redress payments. The geographic reach of this legislation is national, as it pertains to entities across Australia that fall under the purview of the Scheme. The declaration adds Petford Training Farm in Queensland to the list of Funders of Last Resort, thereby extending the application of the Scheme to include this additional entity. There are no stated exclusions or exemptions in this particular declaration, and the application is specific to the entities listed within the Schedules of the instrument. The Act itself allows for further extension or restriction of application through subordinate instruments, which may specify additional Funders of Last Resort or modify existing listings.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2021 (No. 9) introduces amendments to the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. Section 1 of the instrument establishes its name, while Section 2 details its commencement, which occurs the day after the instrument is registered. Section 3 identifies the legislative authority under which the instrument is made, specifically subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The instrument is structured around amendments detailed in Schedule 1.
The obligations imposed by the Act primarily revolve around the scheme's administration and the identification of institutions involved in child sexual abuse that are eligible for funding as 'funders of last resort'. These obligations ensure that the scheme operates effectively and fairly, providing support to victims while also holding institutions accountable for their actions. The scheme's operation involves thorough documentation and reporting, ensuring transparency and compliance with legislative requirements.
The instrument also outlines specific consequences for non-compliance or breaches of the scheme's provisions. While the primary focus of the Act is on support and redress for victims, it also includes measures to enforce compliance. The penalties for breaches can include fines and other civil or criminal sanctions as stipulated by the overarching legislation. However, the exact nature and extent of these penalties are not detailed within the instrument itself but are governed by the broader legal framework established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This ensures that any violations of the scheme's provisions are met with appropriate legal repercussions, maintaining the integrity of the redress process.