National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 5)
I, Amanda Rishworth, Minister for Social Services, make the following declaration.
Dated 6 November 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. 5).
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Note: This table relates only to the provisions of this instrument as originally made.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(5) 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 (at the end of the table)
Add:
| | |
83 | Children’s Foundation of South Australia (also known as Camp Sunshine) | South Australia |
84 | Star Sports Pty Ltd | Australian Capital Territory |
2 Schedule 2 (at the end of the table)
Add:
| | |
81 | Children’s Foundation of South Australia (also known as Camp Sunshine) | South Australia |
82 | Pindan Native Co-Operative | Western Australia |
| | |
83 | Star Sports Pty Ltd | Australian Capital Territory |
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 5) was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It was enacted to address the specific issue of including additional funders of last resort within the scheme, thereby expanding the scope of organisations that may be liable for redress payments. This amendment aims to ensure that the scheme can adequately provide compensation to victims of institutional child sexual abuse. The enacting body responsible for this declaration is the Minister for Social Services, Amanda Rishworth. The policy objective is to improve the reach and effectiveness of the National Redress Scheme by identifying and including additional entities that may have been involved in the institutional abuse, thereby ensuring that victims receive the support they need.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 5) is a legislative instrument under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It aims to amend the list of approved "funders of last resort" for the National Redress Scheme, which provides compensation to victims of institutional child sexual abuse. This declaration adds the Children’s Foundation of South Australia, also known as Camp Sunshine, and Star Sports Pty Ltd to the list of approved funders. The amendment applies to these specific entities and operates within the jurisdictions of South Australia and the Australian Capital Territory, respectively. The instrument came into effect on the day following its registration, as per the commencement provisions. The scope of this declaration is limited to the entities specified in the Schedules, and it does not alter the fundamental structure or operation of the National Redress Scheme beyond the inclusion of these new funders.
Key Provisions
The main provisions of this legislation, specifically the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2023 (No. 5), are outlined in the Schedules. Schedule 1 amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 by adding two new entries: Children’s Foundation of South Australia (also known as Camp Sunshine) in South Australia and Star Sports Pty Ltd in the Australian Capital Territory. Schedule 2 further amends the same 2019 declaration by adding another entry: Pindan Native Co-Operative in Western Australia. These amendments reflect the expansion of the list of institutions and entities recognised under the scheme, thereby extending the scope of the redress provisions to include these additional organisations.
The obligations imposed by this declaration on the parties involved, particularly the Funders of Last Resort, include the requirement to provide financial support for victims of institutional child sexual abuse who are unable to secure compensation from the institution or other available sources. The Funders of Last Resort must ensure that appropriate redress is made available to eligible victims, which includes covering the costs of counselling, medical treatment, and other support services. This places a legal responsibility on the designated entities to step in as a source of financial support when other avenues are exhausted, thereby ensuring that victims receive the necessary assistance without undue delay.
Breach of the obligations outlined in this legislation can result in significant consequences. While the specific offences, penalties, or consequences for non-compliance are not explicitly stated in the text provided, it is reasonable to infer that failing to meet the financial support obligations could lead to legal action. Given the context of the National Redress Scheme for Institutional Child Sexual Abuse, breaches could potentially result in civil or criminal penalties, including fines or other sanctions, depending on the severity of the non-compliance and the discretion of the court. These measures are intended to enforce the statutory obligations and protect the rights of victims.