National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 3)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 8 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. 3).
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Note: This table relates only to the provisions of this instrument as originally made.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 subsections 164(2) and 164A(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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Instrument heading
Repeal the heading, substitute:
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018
2 Section 3
Omit the words “section 164(2)” and insert “subsections 164(2) and 164A(2)”.
3 At the end of section 5
Add:
(2) For the purposes of section 164A of the Act, each defunct institution specified in column 1 of the table in Schedule 2 is listed for the participating jurisdiction in column 2.
4 Schedule 1 (heading)
Repeal the heading, substitute:
Schedule 1—Listed defunct institutions for the purposes of section 164
5 After Schedule 1
Insert:
Schedule 2—Listed defunct institutions for the purposes of section 164A
Item | Column 1 Defunct institutions | Column 2 Participating jurisdiction |
1 | Fenton Buses Coaches | Tasmania |
2 | Glenara Children’s Home | Tasmania |
3 | Fairbridge Farm School, Tresca | Tasmania |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 3) was made by the Minister for Families and Social Services, Anne Ruston, under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This amendment was introduced to address specific gaps in the existing legislative framework concerning the funding of redress for victims of institutional child sexual abuse, particularly focusing on the role of "funders of last resort". The Act was enacted to provide a comprehensive redress scheme for victims of institutional child sexual abuse, ensuring that they have access to support and compensation. The 2022 amendment modifies the original 2019 Declaration to refine the roles and responsibilities of various entities involved in the redress process.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 3) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, establishing a funder of last resort for certain defunct institutions in specific participating jurisdictions. This instrument, made under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, amends the heading of the 2019 Declaration and adjusts references to relevant subsections within the Act. The amendments also extend the list of defunct institutions for which the funder of last resort is applicable, specifying institutions such as Fenton Buses Coaches, Glenara Children's Home, and Fairbridge Farm School, Tresca, all within Tasmania. This instrument applies nationally but focuses on defunct institutions within participating jurisdictions, providing a legal framework for addressing institutional child sexual abuse claims that fall outside the purview of other redress schemes.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 3) outlines changes to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This instrument amends the 2019 Declaration to adjust the heading, the authority under which it is made, and to update the list of defunct institutions specified for the participating jurisdiction. The whole of this instrument commenced the day after it was registered, in accordance with section 2(1).
The primary obligations and requirements of this Act include the amendment of the 2019 Declaration's heading to more accurately reflect the authorities under which it is made, specifically subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Furthermore, the instrument mandates the replacement of the reference in section 3 from “section 164(2)” to “subsections 164(2) and 164A(2)”. Additionally, section 5 is amended to include a new subsection (2) that lists defunct institutions for the participating jurisdiction, Tasmania, in Schedule 2. The heading of Schedule 1 is also updated to reflect these changes.
There are no offences, penalties, or civil/criminal consequences specifically outlined for breaches of this instrument. However, any failure to comply with the requirements of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, or subsequent amendments, could potentially result in legal consequences as defined within that primary Act. The penalties for non-compliance with the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can vary and are not specified in this particular instrument. Practitioners should refer to the primary Act for detailed information on potential penalties and consequences for non-compliance.