National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 2)

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 2) was enacted to address a specific gap in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which initially only recognised fully participating institutions in the redress process. This instrument was made under section 164B(2) of the Act by Amanda Rishworth, the Minister for Social Services, and commenced on the day after it was registered. The primary purpose of this declaration is to include partly-participating institutions in the scheme, thereby expanding the scope of eligible institutions that can be listed and providing a pathway for redress for victims of institutional child sexual abuse in these entities. This amendment aims to ensure that all eligible institutions, regardless of their level of participation, are recognised within the scheme to facilitate comprehensive redress for victims.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 2) is an instrument made under section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This instrument lists specific partly-participating institutions, identifying them for the purposes of section 164B of the Act. The institutions specified in the schedule of this declaration are Ballarat City Rowing Club Inc in Victoria, Plumpton Community Church in New South Wales, and South Australian Water Polo Incorporated in South Australia. The Act applies to these institutions, which are thereby required to comply with certain requirements related to the National Redress Scheme for Institutional Child Sexual Abuse, as defined under the Act. This instrument takes effect the day after it is registered. Notably, any definitions used in this instrument that are not explicitly stated here can be found in section 6 of the Act, which includes terms such as 'listed', 'participating jurisdiction', and 'partly-participating institution'. This declaration does not include any exclusions, exemptions, or thresholds beyond those specified in the parent Act itself.

Key Provisions

The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Partly-participating Institutions) Declaration 2024 (No. 2) (the Declaration) are sections 1 to 4, which outline the name, commencement, authority, and definitions relevant to the instrument. Section 1 provides the name of the Declaration, clarifying its purpose and scope. Section 2 details the commencement date, specifying that the whole instrument commences the day after its registration, with a note that any subsequent amendments will not be reflected in the original table. Section 3 asserts the authority under which the Declaration is made, citing section 164B(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (the Act). Section 4 sets out the definitions used within the Declaration, including the term "Act" to refer to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, and notes that certain expressions are defined in section 6 of the Act. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily found in section 4, which provides definitions that clarify the scope and application of the Declaration. Notably, this section specifies that certain institutions are listed as partly-participating institutions for the purposes of section 164B of the Act. This means that these institutions are identified as those that partially participate in the National Redress Scheme for Institutional Child Sexual Abuse, as specified in the participating jurisdiction columns of the Schedule. The obligations of these partly-participating institutions include adherence to the scheme's requirements, which may involve participating in the redress process to some extent, depending on the specific terms of their participation. The Declaration also outlines the consequences for breach of the Act's provisions. However, the text does not explicitly detail offences, penalties, or specific civil or criminal consequences for non-compliance. Generally, under the Act, non-compliance with the scheme's requirements could lead to legal action, including potential fines or other penalties as prescribed by law. The maximum penalties for breaches are not specified in the Declaration but would typically be defined within the Act itself or related legislation. The overarching purpose of the scheme is to provide a framework for redress to victims of institutional child sexual abuse, ensuring that participating institutions, including partly-participating ones, fulfil their obligations to support and compensate victims.