Commonwealth Coat of Arms of Australia

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 1) Rules 2024

I, Amanda Rishworth, Minister for Social Services, make the following instrument.

Dated  19 September 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 Rules 2018

 

 

1  Name

  This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 1) Rules 2024.

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Note: This table relates only to the provisions of this instrument as originally made.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 179 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

4  Schedules

  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to this instrument has effect according to its terms.

 


Schedule 1—Amendments

National Redress Scheme for Institutional Child Sexual Abuse Rules 2018

  1.         Section 13 Simplified outline of this Part

Repeal the simplified outline, substitute:

An application made by a person who has not turned 18 must not be determined until the person turns 18, but must be determined shortly afterwards.

  1.         Section 14

Repeal the section.

  1.         Section 30 Simplified outline of this Part

After paragraph (b), insert:

The notice to funders of last resort that a person has accepted an offer of redress must include the components of redress that the person wishes to receive (including whether the person wishes to receive a direct personal response from the responsible institution listed under section 164B of the Act).

  1.         After section 31

Insert:

31A Requirement for content of notice to funders of last resort that the offer is accepted

  1.     For the purposes of subsection 44A(b) of the Act, this section sets out additional requirements about the content of a notice to a funder of last resort that an offer is accepted.
  2.     The notice must state the total amount of redress the person is going to receive, inclusive of the value of the counselling and psychological component.

Note: Institutions listed under funder of last resort arrangements are not participating institutions. The Direct Personal Response is only offered where a responsible institution is listed under section 164B of the Act. Where a person accepts this component of redress, information about this acceptance may be provided to the relevant funder of last resort in the notice.

  1.         Section 36 Simplified outline of this Part

Repeal the simplified outline, substitute:

The Operator must give notice if a person has been sentenced to imprisonment for 5 years or longer if:

(a)    The person is sentenced for unlawful killing, a sexual offence, a terrorism offence, or certain related offences; or

(b)    The Operator has determined under subsection 63(2B) that the person should undergo a special assessment process;

and the Operator does not determine that the person is not prevented from being entitled to redress.

  1.         Paragraph 37(1)

Repeal the subsection, substitute:

(1)  For the purposes of subsection 63(8) of the Act, this section applies if the Operator:

  1.     becomes aware that a person who has made an application for redress has been sentenced for an offence listed at paragraph 63(2)(a) of the Act, or
  2.     has determined under subsection 63(2B) of the Act the person should undergo a special assessment process; and
  3.    decides under section 63 of the Act not to make a determination that the person is not prevented from being entitled to redress under the Scheme.