National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 3)
I, Amanda Rishworth, Minister for Social Services, make the following declaration.
Dated 20 June 2023
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 2023 (No. 3).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 (item 5, column 1)
Omit the words “ (formerly the Northern Tasmanian Home for Boys)”.
2 Schedule 1 (item 42, column 1)
After the words “Retta Dixon Home”, insert the words “(as in existence until 30 June 1978)”.
3 Schedule 1 (item 56, column 1)
Omit the word “Pukalari”, and insert the word “Pukulari”.
4 Schedule 1 (at the end of the table)
Add:
| | |
77 | Quest Care Incorporated | Queensland |
78 | Care Independent Living Association Inc | Queensland |
79 | Retta Dixon Home (from 1 July 1978 onwards) | Northern Territory |
| | |
5 Schedule 2 (item 4, column 1)
After the words “Retta Dixon Home”, insert the words “(as in existence until 30 June 1978)”.
6 Schedule 2 (item 7, column 1)
Omit the words “Fairbridge Farm School Pinjarra”, and insert the words “Fairbridge Farm School, Pinjarra”.
7 Schedule 2 (item 17, column 1)
Omit the words “Fairbridge Farm School Molong”, and insert the words “Fairbridge Farm School, Molong”.
8 Schedule 2 (item 43, column 1)
Omit the word “Opal”, and insert the word “OPAL”.
9 Schedule 2 (item 57, column 1)
Omit the word “Newberry”, and insert the word “Newbery ”.
10 Schedule 2 (item 63, column 1)
Omit the word “Pukalari”, and insert the word “Pukulari”.
11 Schedule 2 (at the end of the table)
Add:
69 | Woongoora Home | Queensland |
70 | Beemar Yumba Maud Phillips Memorial Children’s Shelter | Queensland |
71 | Beulah Homes | Queensland |
72 | Piabun Farm | Queensland |
73 | Yuddika Family Group Home | Queensland |
74 | Bethel Children’s Home | Queensland |
75 | Redlands Adolescent Support Incorporated | Queensland |
76 | Petford Training Farm | Queensland |
77 | Crossroads Youth Organisation | Queensland |
78 | Quest Care Incorporated | Queensland |
| | |
79 | Care Independent Living Association Inc | Queensland |
80 | Retta Dixon Home (from 1 July 1978 onwards) | Northern Territory |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 3) was made by Amanda Rishworth, the Minister for Social Services, on 20 June 2023. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, aiming to address discrepancies and update the list of institutions involved in child sexual abuse cases. The declaration is enacted under the authority of subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The primary objective of the 2018 Act was to establish a redress scheme to provide support and compensation to victims of institutional child sexual abuse, aiming to fill the gap in support and recognition for these victims. The 2023 amendment seeks to ensure the accuracy and inclusivity of the list of institutions covered under the scheme, thereby improving the effectiveness and fairness of the redress provided.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 3) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, expanding the list of institutions that are recognised as eligible for funding under the National Redress Scheme. This Act applies to entities that were involved in the institutional care of children in Australia and have been implicated in child sexual abuse. The legislation operates on a national level and is applicable across all states and territories. The amendments made by this Declaration do not introduce new exclusions or exemptions but rather update the list of institutions to ensure that all eligible entities are included. The application of this Act can be extended or restricted through subordinate instruments as specified under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The commencement of this instrument occurs on the day after it is registered, as outlined in the commencement provisions.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 3) amends the 2019 Declaration, as per Schedule 1 and Schedule 2 of the current instrument. The instrument, made under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, specifies that it commences on the day after it is registered. The instrument includes amendments to the names of certain institutions listed in Schedule 1 and Schedule 2, correcting names and adding new institutions to the list. For instance, it corrects the spelling of 'Pukalari' to 'Pukulari' and omits or adds words to clarify the existence period of certain institutions like the 'Retta Dixon Home'.
The obligations imposed by this Declaration primarily relate to the accurate listing and naming of institutions that are part of the National Redress Scheme for Institutional Child Sexual Abuse. These obligations ensure that the correct institutions are identified and acknowledged within the scheme, facilitating appropriate redress for victims of institutional child sexual abuse. The amendments correct previous errors and update the list to include additional institutions that were not previously covered, ensuring the scheme's comprehensiveness and accuracy.
While the Declaration itself does not explicitly state penalties for non-compliance, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 could lead to various consequences. The Act includes provisions for offences related to the administration and operation of the Scheme, with potential penalties including fines and imprisonment. For example, knowingly or recklessly making a false statement in an application for redress could result in a fine of up to $22,200 or imprisonment for up to two years, or both, under section 129 of the Act. Additionally, the Act includes civil penalty provisions that can be enforced by the Australian Securities and Investments Commission (ASIC), with penalties of up to $222,000 for corporations and $44,400 for individuals for breaches of the civil penalty provisions.