National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 2)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 2) was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 by Amanda Rishworth, the Minister for Social Services. The purpose of this amendment is to update the list of registered institutions eligible for funding under the National Redress Scheme to include additional entities that have been identified as funders of last resort for victims of institutional child sexual abuse. The instrument includes amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, adding three new institutions to the list and correcting a typographical error in the name of an existing institution. The National Redress Scheme for Institutional Child Sexual Abuse Act 2018 was enacted by the Australian Parliament to establish a scheme to provide redress to victims of institutional child sexual abuse. The scheme aims to provide a practical, fair, and efficient process for victims to access redress and support, and to ensure that institutions that caused harm to victims take responsibility for their actions. The policy objective of the scheme is to provide a national framework for redress that is responsive to the needs of victims and their families, and that promotes healing and reconciliation. The Funders of Last Resort Declaration is a mechanism within the scheme to ensure that victims who have exhausted all other avenues of redress have access to funding to support their recovery and healing.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 2) amends the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This amendment is made under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The amendments include the addition of new entities to the list of funders of last resort, specifically We Can Community Service in Western Australia, Catherine House in Western Australia, Sunshine Home in Tasmania, and Australian Filipino Christian Fellowship in Queensland. Additionally, the amendment corrects a typographical error in the name of an existing entity, changing "Pukulari" to "Pukalari". The entire instrument comes into effect on the day after it is registered, and any other provisions specified in the schedule have effect according to their terms. The amendments extend the application of the Act by including additional entities as funders of last resort, thereby broadening the scope of the scheme to encompass more institutions and potentially more victims seeking redress.

Key Provisions

The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 2) pertain to the amendments and commencement of the Declaration. Section 1 provides the name of the instrument, while section 2 outlines the commencement date for the provisions, which is the day after the instrument is registered. Section 4 details the schedules, which specify the amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. Under this legislation, the key obligations for the parties involved revolve around ensuring compliance with the updated list of eligible entities as per the amendments outlined in Schedule 1. The list now includes We Can Community Service in Western Australia, Catherine House in Western Australia, Sunshine Home in Tasmania, and Australian Filipino Christian Fellowship in Queensland. Furthermore, there is a correction in the spelling of the entity Pukulari to Pukalari, as specified in Schedule 2. The consequences for non-compliance with this legislation are not explicitly stated in the provided text. However, given the nature of the amendments and the context of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, it can be inferred that failure to comply with the updated list of eligible entities could result in legal ramifications. This might include administrative penalties, fines, or other civil or criminal consequences as prescribed under the overarching Act. The maximum penalties would be determined by the specific provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.