National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 7)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 7) was made by Amanda Rishworth, the Minister for Social Services, on 28 November 2022. This notifiable instrument amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 to include additional institutions where child sexual abuse has been reported, specifically in Western Australia and New South Wales, as well as Sunshine Home in Tasmania. This declaration was enacted under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, aiming to address the problem of institutional child sexual abuse by expanding the list of institutions covered by the National Redress Scheme. This scheme provides a means for victims of child sexual abuse in institutional settings to seek redress, thereby supporting the policy objective of acknowledging and compensating victims and ensuring accountability of institutions.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 7) pertains to amendments under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument, declared by Amanda Rishworth, Minister for Social Services, adds certain institutions to the list of those eligible for funding from the National Redress Scheme, specifically targeting those institutions involved in child sexual abuse cases where traditional compensation avenues are unavailable. The application of this amendment extends across the Commonwealth of Australia, affecting entities and individuals involved in the specified institutions listed in the schedules, which include schools, hostels, and missions across New South Wales, Western Australia, and Tasmania. The amendment comes into effect on the day after the instrument is registered. The legislative authority for this amendment stems from subsections 164(2) and 164A(2) of the primary Act, and it includes specific additions to the list of eligible institutions, thereby broadening the scope of the redress scheme to cover additional cases of institutional child sexual abuse.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 7) primarily amends the list of institutions eligible for funding under the National Redress Scheme. According to section 1, this instrument is the amending declaration. It commences on the day after it is registered, as outlined in section 2. The authority for this instrument stems from subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, as stated in section 3. The specific changes are detailed in Schedules 1 and 2, where new institutions are added to the list of those eligible for funding. The obligations under this Act are primarily for the institutions listed to comply with the scheme's requirements to receive funding. These institutions must meet certain criteria and conditions set forth by the National Redress Scheme to be eligible for compensation and support. The Act requires these institutions to participate in the scheme, which includes cooperating with the scheme's processes, providing necessary documentation, and adhering to any directives issued by the scheme's administrators. Breaches of the provisions of the Act or non-compliance with the scheme's requirements may lead to various consequences. Although specific penalties are not detailed in the provided text, under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, penalties for non-compliance can include fines and other legal actions. These measures are designed to ensure that institutions fulfill their obligations and participate in the redress process effectively. The exact penalties would depend on the nature and severity of the breach, as outlined in the main Act.