National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 1)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 24 January 2022
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 2022 (No. 1).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
62 | The Australian Evangelical Aborigines Mission (also known as the Australian Evangelical Mission) | Western Australia |
63 | Wongutha Mission Training Farm | Western Australia |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 1) 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. This notifiable instrument was introduced to address a gap in the original Act by updating the list of institutions and entities that are considered 'funders of last resort' for survivors of institutional child sexual abuse. This update aims to ensure that the redress scheme appropriately targets entities that have a responsibility for the harm suffered by victims. The Declaration amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, adding the Australian Evangelical Aborigines Mission and Wongutha Mission Training Farm in Western Australia to the list of institutions that can be considered as funders of last resort. The instrument commenced on the day after its registration, ensuring timely updates to the scheme’s administration.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 1) 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 that are recognised as Funders of Last Resort for the purposes of the National Redress Scheme. Specifically, this legislation includes the Australian Evangelical Aborigines Mission, also known as the Australian Evangelical Mission, and the Wongutha Mission Training Farm, both located in Western Australia. The addition of these institutions extends the scope of the National Redress Scheme to potentially provide redress for survivors of child sexual abuse who were harmed by these entities. The application of this Act is confined to these specific institutions, and it does not alter the fundamental provisions or reach of the overarching National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The geographic reach of this amendment is limited to Western Australia, where the named institutions are situated.
Key Provisions
The key provisions of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 1) revolve around amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. The instrument commences on the day after it is registered, as detailed in section 2(1). This commencement aligns with the statutory requirement under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, as stated in section 3. The Schedule 1 of this declaration introduces amendments, including the addition of specific entities such as the Australian Evangelical Aborigines Mission (also known as the Australian Evangelical Mission) in Western Australia and the Wongutha Mission Training Farm in Western Australia to the list of funder entities under section 62 and 63 respectively.
The obligations and requirements imposed by this Act pertain to the entities listed as 'Funders of Last Resort'. These entities are now mandated to contribute to the National Redress Scheme, which provides compensation and support to victims of institutional child sexual abuse. The declaration specifies that these additional entities must comply with the obligations and procedures set forth under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This includes the provision of financial support and other forms of redress to eligible victims, as well as adherence to the governance and operational frameworks established by the Scheme.
In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences within the declaration itself. However, entities that fail to comply with the requirements of the National Redress Scheme may face legal action under the broader provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Penalties for non-compliance could potentially include fines or other legal remedies aimed at ensuring adherence to the statutory obligations. The exact nature and extent of these penalties would be governed by the overarching legislation and the specific circumstances of non-compliance.