National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 5)
I, Amanda Rishworth, Minister for Social Services, make the following declaration.
Dated 12 July 2022
Amanda Rishworth
Minister for 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. 5).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Schedule 1 (at the end of the table)
Add:
65 | Woongoora Home | Queensland |
66 | Kelly’s Kids Shelter | South Australia |
2 Schedule 2 (at the end of the table)
Add:
7 | Fairbridge Farm School – Pinjarra | Western Australia |
8 | Wongutha Mission Training Farm | Western Australia |
9 | Australian Railways Historical Society Victorian Division | Victoria |
10 | Dorrie Black Children’s Home | Victoria |
11 | RANS Management Group | Victoria |
12 | Northcote Farm School | Victoria |
13 | Drapers’ Hall | South Australia |
14 | Umeewarra Mission Children’s Home | South Australia |
15 | Queen’s College Adelaide | South Australia |
16 | Kelly’s Kids Shelter | South Australia |
17 | Fairbridge Farm School – Molong | New South Wales |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 5) was enacted by Amanda Rishworth, the Minister for Social Services, on 12 July 2022. This notifiable instrument amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 to address the identified gaps and issues in the original scheme, particularly in relation to the recognition of additional institutions where child sexual abuse occurred. The scheme was established by the Parliament of Australia under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the policy objective of providing a framework for redress to victims of institutional child sexual abuse in Australia. This amendment aims to expand the scope of the scheme to ensure that more victims have access to the support and redress they need.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 5) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 to include additional institutions and entities that are designated as Funders of Last Resort under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act applies to any entity that is a Funder of Last Resort, which is defined as an entity that has provided financial assistance to a victim of institutional child sexual abuse, and to the victims themselves who have suffered such abuse. The amendment extends the application of the Act by adding new institutions and entities to the list of designated Funders of Last Resort, thereby broadening the scope of those subject to the Act's provisions. This amendment ensures that more victims of institutional child sexual abuse can access the redress scheme by clarifying the entities responsible for providing financial assistance. The Act operates at the national level, as it is a Commonwealth instrument, and its amendments are made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The changes are effective from the day after the instrument is registered.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 5) introduces specific amendments to the existing legislation concerning the National Redress Scheme, which is designed to provide redress for victims of institutional child sexual abuse. The primary operative sections of this legislation (Schedule 1) include the addition of new institutions to the list of entities covered under the Funders of Last Resort category. These additions include various organisations such as Woongora Home in Queensland, Kelly’s Kids Shelter in South Australia, and Fairbridge Farm School in Western Australia, among others. These additions are intended to broaden the scope of the scheme to include more institutions that have been implicated in child sexual abuse cases (Schedule 1, item 65 to 17).
The Act imposes several obligations and requirements on the parties and entities it governs. It mandates that the Minister for Social Services, in this case Amanda Rishworth, must make the necessary amendments to the list of institutions as specified in the Schedules of the instrument. Furthermore, it requires these newly listed institutions to comply with the provisions of the National Redress Scheme, including the submission of claims for redress by victims of abuse who were in their care. The institutions must also ensure that they have the appropriate mechanisms in place to support victims in making claims and to manage the financial obligations that may arise from successful claims (subsection 164(2)).
Breach of the obligations and requirements outlined in the Act can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, the Act is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which likely includes provisions for enforcement and penalties. The Act’s purpose is to ensure that institutions are held accountable and that victims receive the redress they are entitled to. Failure to comply with the scheme’s requirements could result in civil or criminal liability, although the exact nature of these consequences would need to be referred to in the primary Act for precise details.