National Redress Scheme for Institutional Child Sexual Abuse Amendment (No. 1) (Partly-participating Institutions) Declaration 2023 (No. 1)
I, Amanda Rishworth, Minister for Social Services, make the following Declaration.
Dated 18 August 2023
Amanda Rishworth
Minister for Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (No. 1) (Partly-participating Institutions) Declaration 2023 (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Note: This table relates only to the provisions of this instrument as originally made.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 section 164B(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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 (Partly-participating Institutions) Declaration 2023 (No. 1)
1 Section 1
Omit “(No.1)”.
2 Schedule 1—Listed partly-participating institutions (at the end of the table)
Add:
2 | North West Youth Accommodation Services Inc | Queensland |
3 | Ballarat Memorial Concert Band Incorporated (also known as the Ballarat Memorial Soldiers, Sailors and Airman Band) | Victoria |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (No. 1) (Partly-participating Institutions) Declaration 2023 (No. 1) was enacted to amend the existing framework under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, addressing a gap in the participation of certain institutions within the scheme. This notifiable instrument was made by Amanda Rishworth, the Minister for Social Services, and came into effect the day after its registration on 18 August 2023. Its primary purpose is to adjust the list of partly-participating institutions eligible for the scheme, thereby ensuring that more victims of institutional child sexual abuse can access the redress offered by the scheme. This amendment reflects a policy objective to broaden the scope of institutions covered under the National Redress Scheme, thus facilitating a more comprehensive approach to addressing the harm caused by institutional child sexual abuse.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (No. 1) (Partly-participating Institutions) Declaration 2023 (No. 1) extends the application of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 by adding new institutions to the list of partly-participating institutions. This instrument applies to entities that are included in the amended Schedule 1 of the Act, which now specifies additional institutions that are partly participating in the scheme, including North West Youth Accommodation Services Inc in Queensland and Ballarat Memorial Concert Band Incorporated in Victoria. The instrument's provisions commence on the day after it is registered. It is made under section 164B(2) of the principal Act and amends the National Redress Scheme for Institutional Child Sexual Abuse (Partly-participating Institutions) Declaration 2023 (No. 1) by omitting a specific reference and updating the list of institutions. The instrument does not specify any exclusions or exemptions but rather clarifies and extends the list of participating entities within the scheme.
Key Provisions
This legislation, the National Redress Scheme for Institutional Child Sexual Abuse Amendment (No. 1) (Partly-participating Institutions) Declaration 2023 (No. 1), declares that certain amendments will be made to the National Redress Scheme for Institutional Child Sexual Abuse (Partly-participating Institutions) Declaration 2023 (No. 1). These amendments will involve omitting the phrase "(No. 1)" from Section 1 of the original Declaration (Schedule 1, item 1) and adding two institutions to the list of partly-participating institutions (Schedule 1, item 2). Specifically, North West Youth Accommodation Services Inc in Queensland and Ballarat Memorial Concert Band Incorporated (also known as the Ballarat Memorial Soldiers, Sailors and Airman Band) in Victoria will be added to the list (Schedule 1, item 2).
The parties or entities governed by this Act now have the obligation to ensure they comply with the new amendments outlined in the legislation. The partly-participating institutions, now including North West Youth Accommodation Services Inc and Ballarat Memorial Concert Band Incorporated, must adhere to the requirements of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and any related regulations. This includes participating in the scheme, providing relevant information, and cooperating with the Scheme's processes, such as responding to applications for redress.
There are no specific offences, penalties, or consequences for breach mentioned in the text of this instrument. However, it is important to note that failure to comply with the requirements of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and related regulations could potentially result in civil or criminal consequences. The maximum penalties for breaches of the Act are not specified within this instrument but would be outlined in the primary Act and any related regulations. Compliance with the Act and its regulations is crucial for the proper functioning of the Scheme and to ensure the rights and interests of victims of institutional child sexual abuse are protected.