National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 6)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 6) was enacted by Amanda Rishworth, the Minister for Social Services, on 9 September 2022. This instrument was introduced to address the gap in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 by amending the list of eligible entities that can apply for funding as 'funders of last resort'. This is achieved through the Australian Parliament, which has the legislative authority to enact amendments to existing acts. The policy objective of this amendment is to ensure that survivors of institutional child sexual abuse from various backgrounds and regions can access appropriate redress and support. The Declaration amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, expanding the list of eligible entities by adding new organisations that can apply for funding. The Declaration aims to provide a more comprehensive and inclusive approach to supporting survivors of institutional child sexual abuse by ensuring that a diverse range of entities can be considered for funding as funders of last resort. The changes made in this Declaration will be effective from the day after the instrument is registered.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 6) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This instrument applies to the entities specified in its Schedules, which include Flexi Options Aust. Pty Ltd in Queensland and two organisations in the Australian Capital Territory, Southside Youth Refuge and Lowana Youth Services. The amendment is made under the authority of subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, indicating that the changes are intended to modify the list of entities that are designated as Funders of Last Resort. This instrument is a Commonwealth instrument, as evidenced by its creation under an Act of the Commonwealth Parliament, and thus applies nationally across Australia. The scope of this instrument is limited to the specific entities listed in its Schedules and does not affect other entities or individuals not included in these lists.

Key Provisions

The main sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 6) involve the name, commencement, authority, and amendments outlined in the Schedules. Section 1 designates this instrument as the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 6). Section 2 details the commencement of the provisions, stating that the entire instrument commences on the day after it is registered, with specific provisions commencing as detailed in the table. Section 3 establishes the authority under which this instrument is made, referencing subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Section 4 indicates that the instruments specified in the Schedules are amended or repealed according to the details provided. The obligations and requirements imposed by this Act pertain to the amendment of previous declarations related to the National Redress Scheme for Institutional Child Sexual Abuse. Specifically, the Schedules detail amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. In Schedule 1, the amendment adds Flexi Options Aust. Pty Ltd in Queensland, and in Schedule 2, it adds Southside Youth Refuge and Lowana Youth Services in the Australian Capital Territory, and Flexi Options Aust. Pty Ltd in Queensland. These additions signify the inclusion of new entities within the scheme, thereby extending its coverage and scope. Regarding offences, penalties, or consequences for breach, the document does not explicitly state any penalties or consequences. However, it is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which likely includes provisions for penalties and enforcement mechanisms. Entities failing to comply with the requirements of the scheme could face legal repercussions as stipulated by the Act. It is important for the parties governed by this legislation to adhere to the amendments to avoid any potential legal issues.