National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 1)
I, Amanda Rishworth, Minister for Social Services, make the following declaration.
Dated 3 April 2024
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 2024 (No. 1).
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 (at the end of the table)
Add:
| | |
85 | Rockhampton New Horizons Incorporated | Queensland |
2 Schedule 2 (at the end of the table)
Add:
| | |
84 | Rockhampton New Horizons Incorporated | Queensland |
85 | Ichud Habonim | Victoria |
86 | Princess Street Medical Centre | Victoria |
87 | Alexandra Babies Home | Victoria |
88 | Overton Residential Nursery | Victoria |
89 | Providence Children’s Home | Victoria |
90 | Waverley Emergency Adolescent Care | Victoria |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 1) was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument, dated 3 April 2024 and signed by Amanda Rishworth, the Minister for Social Services, aims to address the existing gaps in the scheme by amending the list of organisations recognised as funders of last resort. The changes outlined in this declaration seek to ensure that victims of institutional child sexual abuse have access to appropriate redress, by updating the list of eligible organisations that can provide financial assistance. This not only enhances the effectiveness of the scheme but also aligns with the policy objective of providing comprehensive support to survivors of such abuse. The instrument will come into effect on the day following its registration.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 1) amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019, which is a part of the broader legislative framework established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This particular amendment applies to entities that have been identified as "Funders of Last Resort" under the Scheme, which are organisations that have been deemed responsible for providing financial compensation to victims of institutional child sexual abuse. The amendment specifically includes additional entities, such as Rockhampton New Horizons Incorporated and various institutions in Victoria, which are now required to contribute to the Scheme. This instrument extends the scope of the Scheme to encompass these additional entities, ensuring a wider range of perpetrators are held accountable and victims can seek redress.
The jurisdictional reach of this instrument is national, as it operates under the authority granted by the Commonwealth in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The Act itself applies to entities involved in institutional child sexual abuse across Australia, irrespective of the state or territory in which the abuse occurred. The amendment does not introduce any new exclusions or exemptions but rather expands the list of entities subject to the Scheme. The application of the Act can be further detailed or restricted through subordinate instruments, which may specify additional entities or alter the conditions under which the Scheme operates.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 1) amends the existing National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This instrument comes into effect the day after it is registered, as specified in section 2(1). The amendments are detailed in Schedule 1, which adds specific entities as funders of last resort, and Schedule 2, which includes additional entities for various amendments.
The primary obligation imposed by this legislation is to update the list of organisations that are designated as funders of last resort under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. These organisations are responsible for providing financial support for victims of institutional child sexual abuse. The amendment adds several entities to this list, ensuring that more victims have access to the necessary redress.
There are no explicit offences, penalties, or civil or criminal consequences detailed in this instrument for breaches of its provisions. However, any failure to comply with the updated list of funders of last resort could potentially lead to legal challenges or administrative actions under the overarching National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This could involve court proceedings or administrative penalties as outlined in the primary Act, though such specifics are not provided in this amending instrument.