National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 1)
I, Amanda Rishworth, Minister for Social Services, make the following Declaration.
Dated 22 January 2024
Amanda Rishworth
Minister for Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Repeal
Schedule 2—Amendments
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) 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Note: This table relates only to the provisions of this instrument as originally made.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 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Repeal
National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2023 (No.2)
1 The whole of the instrument
Repeal the instrument.
Schedule 2—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Partly-participating Institutions) Declaration 2023
2 Schedule 1—Listed partly-participating institutions (at the end of the table)
Add:
Item | Column 1 Partly-participating institution | Column 2 Participating jurisdiction |
4 | The Portsea Camp | Victoria |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 1) was enacted to amend the existing legislative framework concerning institutional child sexual abuse in Australia. This declaration, made by Amanda Rishworth, the Minister for Social Services, is a response to identified gaps in the participation of certain institutions within the National Redress Scheme. The legislation seeks to address the issue by formally recognising and facilitating the participation of partly-participating institutions, thereby enhancing the comprehensiveness and effectiveness of the redress scheme. The authority for this amendment stems from section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument is part of the broader legislative effort to ensure that victims of institutional child sexual abuse have access to appropriate and comprehensive redress mechanisms, thereby supporting their healing and recovery processes.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 1) amends the National Redress Scheme for Institutional Child Sexual Abuse (Partly-participating Institutions) Declaration 2023 by adding The Portsea Camp in Victoria to the list of partly-participating institutions. This instrument applies to the entities that are included in the updated list of partly-participating institutions, which now comprises institutions that have agreed to participate in the National Redress Scheme to varying degrees. The Declaration operates across Australia, but its impact is felt specifically in the participating jurisdictions, in this case, Victoria. The scope of the Act extends to any institution listed under the scheme, facilitating the redress process for victims of institutional child sexual abuse. The Declaration is subject to the authority granted under section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, and its provisions commence on the day after the instrument is registered. The Declaration repeals the previous partly-participating institutions declaration, ensuring that the updated list is the current governing document.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 1) introduces several key provisions primarily focused on amending the list of partly-participating institutions involved in the National Redress Scheme. Specifically, section 1 of the Declaration specifies the name of the instrument, while section 2 outlines the commencement date, which is the day after the instrument is registered. Section 3 identifies the authority under which the instrument is made, which is section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Section 4 references the schedules attached to the Declaration, which detail the repeal of a previous instrument and the amendments to be made.
The obligations and requirements imposed by this Declaration include the amendment of the list of partly-participating institutions in the Scheme. As per Schedule 2, the Portsea Camp in Victoria has been added to the list of partly-participating institutions (section 2). This addition is intended to ensure that these institutions are recognised within the Scheme, facilitating the process for victims of institutional child sexual abuse to seek redress.
The Declaration does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, it operates under the framework established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which likely includes provisions for enforcement and penalties for non-compliance with the Scheme’s requirements. The Act itself may detail the potential sanctions for breaches, which could include fines or other legal consequences. It is essential for parties involved to adhere to the requirements set forth by the Scheme to avoid any adverse outcomes.