National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 4)
I, Anne Ruston, Minister for Families and Social Services, make the following declaration.
Dated 9 May 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. 4).
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Note: This table relates only to the provisions of this instrument as originally made.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 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Schedule 2 (at the end of the table)
Add:
4 | Retta Dixon Home | Commonwealth |
5 | Southside Youth Refuge | Commonwealth |
6 | Kambah Residents’ Association | Commonwealth |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 4) was introduced by Anne Ruston, the Minister for Families and Social Services, to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was enacted to establish a scheme for providing redress to victims of institutional child sexual abuse, thereby addressing the need for a national approach to redress for such victims. The scheme was designed to provide compensation and support to victims in a way that is fair, efficient, and respectful. This particular amendment, declared on 9 May 2022, further refines the list of entities eligible to be designated as "funders of last resort" under the scheme. The declaration is made under the authority provided by subsection 164A(2) of the Act and amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding new entities to the list of potential funders of last resort.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 4) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This instrument, made under subsection 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, applies to specific entities involved in institutional child sexual abuse cases by designating additional Funders of Last Resort. The entities newly included in this Declaration are Retta Dixon Home, Southside Youth Refuge, and Kambah Residents’ Association, all of which are Commonwealth entities. This amendment extends the scope of the original Declaration to ensure that additional institutions are considered as potential Funders of Last Resort for victims of institutional child sexual abuse. The instrument's provisions commence on the day after its registration, and it does not specify any exclusions or thresholds beyond the entities listed in Schedule 1. The geographic reach of this Act is national, applying across Australia, as it pertains to entities operating under the Commonwealth.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 4) primarily serves to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding new funders of last resort. This legislative instrument specifies that it commences the day after it is registered (Section 2). The amendments are made under the authority of subsection 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Section 3).
The obligations imposed by this instrument are primarily directed towards the inclusion of new entities as funders of last resort within the National Redress Scheme. Specifically, it adds the Retta Dixon Home, Southside Youth Refuge, and Kambah Residents’ Association as Commonwealth entities responsible for contributing to the scheme (Schedule 1, item 4). This addition enhances the scope of the scheme by expanding the list of organisations accountable for providing financial support to victims of institutional child sexual abuse.
In terms of potential breaches, the legislation does not explicitly outline offences or penalties within the Declaration itself. However, the overarching National Redress Scheme for Institutional Child Sexual Abuse Act 2018 likely contains provisions that address non-compliance. Generally, failure to comply with the scheme's requirements could result in civil or criminal consequences. For example, if an entity fails to fulfil its obligations as a funder of last resort, it might face legal actions, fines, or other penalties as stipulated in the principal Act. The exact penalties would depend on the nature and severity of the breach, as outlined in the Act.