National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 2)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 6 April 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. 2).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
64 | Crossroads Youth Organisation | Queensland |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 2) was made by Anne Ruston, the Minister for Families and Social Services, on 6 April 2022. This notifiable instrument is designed to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. The instrument is enacted under subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act was established to address the issue of institutional child sexual abuse by creating a redress scheme, thereby filling a critical gap in the provision of support and compensation for victims. The policy objective of the 2022 amendment is to update the list of institutions and organisations that are recognised as Funders of Last Resort within the scheme, ensuring that the scheme continues to effectively support victims of child sexual abuse in institutions.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 2) amends the 2019 Declaration under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument applies to entities that have been designated as 'funders of last resort', specifically adding the Crossroads Youth Organisation in Queensland to the list of such entities. The geographic reach of this legislation is national, applying across Australia as it amends a Commonwealth Act. The declaration specifies that its provisions commence on the day after the instrument is registered, thereby extending the scheme to include additional entities that meet the criteria of being 'funders of last resort'. This amendment ensures that the scheme's scope is expanded to encompass more organisations that may have a responsibility to support victims of institutional child sexual abuse, without altering the fundamental exclusions or thresholds outlined in the original Act.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 2) (the "Declaration") amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 (the "2019 Declaration") by adding a new entry to the list of eligible institutions. Section 1 of the Declaration specifies its name, while section 2 outlines the commencement of the instrument. The whole of the Declaration commences the day after it is registered. Section 3 references the authority under which the Declaration is made, namely subsection 164(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Section 4 points to the Schedule, which details the amendments made by the Declaration.
The obligations and requirements imposed by the Declaration concern the eligibility of certain institutions for funding under the National Redress Scheme. Specifically, the Declaration amends the 2019 Declaration by adding the Crossroads Youth Organisation in Queensland to the list of eligible institutions. This means that the Crossroads Youth Organisation is now eligible to receive funding under the Scheme for providing redress to victims of institutional child sexual abuse. The Declaration does not impose any new obligations on the parties or entities it governs, but rather clarifies the scope of the Scheme by expanding the list of eligible institutions.
There are no offences, penalties, or civil/criminal consequences for breach specified in the Declaration. The Declaration is a legislative instrument that amends the list of eligible institutions for funding under the National Redress Scheme, and it does not impose any new obligations or penalties on the parties or entities it governs. However, failure to comply with the Scheme's requirements or to provide redress to eligible victims could have legal consequences under other legislation, such as the Compensation Recovery Act 2001. The maximum penalties for breaches of that Act depend on the nature and severity of the breach, and can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years.