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National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020

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2019-2020-2021

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020

 

 

(1)     Schedule 1, page 15 (after line 13), after Part 6, insert:

Part 6A—Naming and shaming non-participating institutions

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

48A  At the end of Division 3 of Part 5-1

Add:

116A  Naming and shaming non-participating institutions

             (1)  This section applies to a non-government institution if:

                     (a)  either:

                              (i)  an application made under section 19 identifies the institution as being involved in the abuse of a person; or

                             (ii)  information given in response to a request under section 24 or 25, in relation to an application made under section 19, identifies the institution as being involved in the abuse of a person; and

                     (b)  the application has not been withdrawn under section 22; and

                     (c)  the institution is not a participating non-government institution.

             (2)  If the institution refuses to participate in the scheme, the Minister must publish a notice stating that, despite the matters mentioned in paragraphs (1)(a) and (b), the institution refuses to participate in the scheme.

Institution has 6 months to becoming participating after first application etc. that identifies institution

             (3)  The Minister must not publish a notice under subsection (2) in relation to the institution until the end of 6 months after the first time subparagraph (1)(a)(i) or (ii) applies in relation to the institution.

[naming and shaming non-participating institutions]

(2)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

200  Increase in cap on redress payments

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to increase the $150,000 cap on redress payments to $200,000.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to have the cap increased as mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[increase in cap on redress payments]

(3)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

201  Ending indexing of relevant prior payments

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to end the indexing of relevant prior payments.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to have indexing ended as mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[ending indexing of relevant prior payments]

(4)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

202  Deducting prior payments—safeguards

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that prior payments are deducted from redress payments only if, and only to the extent that, it is proven that the prior payments are relevant prior payments.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[deducting prior payments—safeguards]

(5)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

203  Advance payment scheme for elderly and ill applicants

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken so that, in appropriate circumstances, redress is payable to elderly or ill applicants in advance of their applications being approved.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to have redress payable as mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[advance payment scheme for elderly and ill applicants]

(6)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

204  Funders of last resort guarantee

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that, for each non-government institution that:

                     (a)  is responsible for the abuse of a person; and

                     (b)  is not a participating institution; and

                     (c)  either:

                              (i)  is a defunct institution; or

                             (ii)  because of the institution’s financial situation, cannot participate in the scheme;

there is a government institution that is liable for what the non-government institution would have been liable to pay in relation to a person had the non-government institution been a participating institution.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[funders of last resort guarantee]

(7)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

205  Psychological counselling and support

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that necessary ongoing psychological counselling and support is given to persons who are entitled to redress under the scheme.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to have psychological counselling and support given as mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[psychological counselling and support]

(8)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

206  Better recognising the impact of sexual abuse

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to have the assessment framework better recognise the impact of sexual abuse.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to have the assessment framework better recognise the impact of sexual abuse; or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[better recognising the impact of sexual abuse]

(9)     Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

207  Review of determinations cannot reduce payments

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that a review of a determination under Part 4-1 cannot reduce the total amount of redress under the determination.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to ensure that a review of a determination under Part 4-1 cannot reduce the total amount of redress under the determination; or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[review of determinations cannot reduce payments]

(10)   Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:

208  Requiring non-participating institutions to contribute to scheme

             (1)  As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that:

                     (a)  redress is payable under the scheme even if the institutions responsible for the abuse are non-participating institutions; and

                     (b)  non-participating institutions that refuse to participate in the scheme despite being capable of doing so are required to contribute to the scheme, in relation to abuse for which they are responsible, to the same extent as participating institutions; and

                     (c)  in particular, attempts by non-participating institutions to evade their obligations in relation to abuse, such as by restructuring to shield assets, are not successful.

             (2)  Within 90 days after this section commences, the Minister must prepare a report on:

                     (a)  what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or

                     (b)  if the Minister has not done, and does not plan to do, anything—the Minister’s reasons for this.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.

             (4)  In this section:

action includes amending this Act, an instrument made under this Act, or any other law.

[requiring non-participating institutions to contribute to scheme]