National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2023 (No. 2)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2023 (No. 2) was enacted to address the issue of recognising and facilitating redress for survivors of institutional child sexual abuse, specifically by including partly-participating institutions in the National Redress Scheme. The Declaration was made by Amanda Rishworth, the Minister for Social Services, under section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The purpose of this instrument is to officially list institutions that are partly participating in the Scheme, thus expanding the scope of institutions covered under the Act and ensuring broader access to redress for survivors. This instrument commenced on the day after it was registered and includes a schedule that specifies the partly-participating institutions and their corresponding participating jurisdictions.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2023 (No. 2) is a notifiable instrument made under section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This declaration specifies that certain institutions, referred to as partly-participating institutions, are listed for the purposes of section 164B of the Act. These institutions are identified in Schedule 1 of the instrument and include the Portsea Camp, which is listed for the participating jurisdiction of Victoria. The instrument applies to these specified institutions and their participation in the National Redress Scheme for Institutional Child Sexual Abuse. It is important to note that the definitions of terms such as "listed," "participating jurisdiction," and "partly-participating institution" are provided in section 6 of the Act. The commencement of the instrument occurs the day after it is registered, as specified in the Commencement section. This instrument extends the application of the Act by adding specific institutions to the list of partly-participating institutions, thereby broadening the scope of entities subject to the redress scheme.

Key Provisions

This instrument, the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2023 (No. 2), specifies that it comes into effect on the day after it is registered, as detailed in Section 2. This is a declaration made under section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It serves to list certain institutions as partly-participating in the scheme, as outlined in Schedule 1. Specifically, Section 4 lists these institutions, indicating their participation in the scheme for the jurisdictions specified. The obligations imposed by this declaration primarily concern the listed institutions, which in this case include The Portsea Camp in Victoria. These institutions are required to adhere to the provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which involves providing redress to victims of child sexual abuse within their institutions. They must ensure compliance with any guidelines and requirements set forth by the Act and its regulations. This includes cooperating with the scheme's processes, such as making available records and information necessary for the assessment and compensation of claims. Failure to comply with the Act's provisions can result in various consequences, depending on the nature and severity of the breach. While the declaration itself does not explicitly state penalties, the overarching Act outlines potential penalties for non-compliance. Offences under the Act can lead to both civil and criminal penalties. For example, breaches that constitute serious misconduct may result in fines or imprisonment, as specified by the Act. The exact penalties would be determined based on the specific circumstances and severity of the breach, aligning with the penalties outlined in the broader legislative framework.