National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 8)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 8) was enacted to amend the existing legislation addressing institutional child sexual abuse within Australia. This declaration, made by Amanda Rishworth, the Minister for Social Services, was issued on 13 December 2022 under the authority of subsection 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The primary objective of this amendment is to address gaps in the original Act by including additional entities that were not previously recognised as funders of last resort for victims of institutional child sexual abuse. This legislative action ensures the scheme's comprehensiveness and effectiveness in providing redress to those affected by such abuses.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 8) pertains specifically to entities involved in the National Redress Scheme for Institutional Child Sexual Abuse, a legislative initiative aimed at providing redress to victims of child sexual abuse in institutional settings across Australia. This amendment introduces changes to the list of funder organisations, specifically adding new entities to the existing declaration made in 2019. The addition of these entities under the scheme ensures that further organisations that may have been involved in institutional child sexual abuse are included in the scheme, thereby extending the scope of potential redress for victims. The geographic reach of this Act is national, as it applies to various institutions and entities across multiple states and territories in Australia. The Act amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by including additional entities in the list of funder organisations. This inclusion is pursuant to subsection 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The entities added to the list are from various states, including Queensland, South Australia, and New South Wales. This amendment does not introduce any exclusions or exemptions, but it does extend the application of the Act by incorporating new entities into the redress scheme. The commencement of this instrument occurs the day after its registration, and it is subject to any further amendments or repeals as specified in the applicable schedules.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2022 (No. 8) (the "Declaration") amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. The Declaration adds additional entities to the list of approved funders of last resort under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (the "Act"). These additional entities include Open Home Foundation Queensland, Nundah and Districts Youth Club Queensland, Panorama Child Care Centre South Australia, Country Christian Boys Club South Australia, Pioneers Australia South Australia, Kings Cross Refuge New South Wales, Grange Boarding Home New South Wales, Hunter Aboriginal Children's Services New South Wales, Nowra Refuge New South Wales, and Seabeach Kindergarten New South Wales (Schedule 1). The Declaration commences on the day after it is registered (section 2). Under the Act, the Minister for Social Services has the authority to declare entities as approved funders of last resort. This means that these entities are approved to provide financial assistance to victims of institutional child sexual abuse who are not eligible for or have exhausted their rights under the National Redress Scheme (section 3). The Declaration exercises this authority by amending the 2019 Declaration to include the additional entities listed in Schedule 1. Entities declared as approved funders of last resort under the Act have an obligation to comply with the terms and conditions set out in their declaration. This includes ensuring that they have appropriate systems and procedures in place to manage and disburse funds to victims, and that they do so in a timely and efficient manner. The Minister for Social Services may also impose additional conditions on these entities, such as requiring them to report on their activities or undergo audits (section 164A(2) of the Act). There are no specific offences, penalties, or consequences for breach outlined in the Declaration. However, entities that fail to comply with the terms and conditions of their declaration may be subject to enforcement action by the Minister for Social Services, which could include the imposition of fines, the revocation of their approval as a funder of last resort, or other administrative or legal action. The maximum penalties for offences under the Act depend on the specific offence and can range from fines of up to $21,000 for individuals to $105,000 for bodies corporate, as well as imprisonment for up to two years for serious offences (section 21 of the Act).