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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Redress Scheme for
Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and
Other Measures) Bill 2021
No. , 2021
(Social Services)
A Bill for an Act to amend the National Redress
Scheme for Institutional Child Sexual Abuse Act
2018, and for related purposes
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Funders of last resort
3
National Redress Scheme for Institutional Child Sexual Abuse Act
2018
3
Schedule 2--Disclosing information about non-participating
institutions
37
National Redress Scheme for Institutional Child Sexual Abuse Act
2018
37
Schedule 3--Application and transitional provisions
39
National Redress Scheme for Institutional Child Sexual Abuse Act
2018
39
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
1
A Bill for an Act to amend the National Redress
1
Scheme for Institutional Child Sexual Abuse Act
2
2018, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Redress Scheme for Institutional Child
6
Sexual Abuse Amendment (Funders of Last Resort and Other
7
Measures) Act 2021
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
3
Schedule 1--Funders of last resort
1
2
National Redress Scheme for Institutional Child Sexual
3
Abuse Act 2018
4
1 Subparagraph 3(2)(b)(iii)
5
After "participating institutions", insert "and partly-participating
6
institutions".
7
2 Section 4
8
After "each participating institution", insert "(and, in certain
9
circumstances, partly-participating institutions)".
10
3 Section 4
11
After "one or more participating institutions", insert "(or certain other
12
institutions)".
13
4 Section 4
14
Omit "A participating institution is responsible", substitute "An
15
institution is responsible".
16
5 Section 4
17
Omit "where the participating", substitute "where the".
18
6 Section 6
19
Insert:
20
eligible funding jurisdiction
for an institution in relation to abuse:
21
see section 164D.
22
7 Section 6 (definition of equally responsible)
23
Omit "a participating", substitute "an".
24
8 Section 6 (definition of funder of last resort)
25
Repeal the definition, substitute:
26
funder of last resort
: see section 163.
27
Schedule 1
Funders of last resort
4
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
9 Section 6 (definition of listed)
1
Repeal the definition, substitute:
2
listed
: see subsections 164(1), 164A(1), 164B(1) and 164C(1).
3
10 Section 6 (definition of participating institution)
4
Omit "subsections 108(2) and", substitute "section 108 and subsection".
5
11 Section 6
6
Insert:
7
partly-participating institution
means an institution that is listed
8
under section 164B.
9
12 Section 6 (definition of primarily responsible)
10
Omit "a participating", substitute "an".
11
13 Section 6 (definition of related)
12
Omit "a participating", substitute "an".
13
14 Section 6 (definition of responsible)
14
Omit "a participating", substitute "an".
15
15 Section 6 (definition of responsible institution)
16
Omit "an", substitute "a participating".
17
16 Section 11
18
After "one or more participating institutions", insert "(or, in certain
19
circumstances, one or more institutions that are listed for a participating
20
jurisdiction under section 164A, 164B or 164C)".
21
17 Paragraph 13(1)(d)
22
Repeal the paragraph, substitute:
23
(d) one or more of the following are responsible for the abuse
24
(see section 15):
25
(i) a participating institution;
26
(ii) an institution that is listed for a participating jurisdiction
27
under section 164A, 164B or 164C (if a participating
28
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
5
jurisdiction is an eligible funding jurisdiction for the
1
institution in relation to the abuse); and
2
18 Subsection 13(1) (note 2)
3
Omit "subsection 108(2)", substitute "section 108".
4
19 Paragraph 16(1)(c)
5
Repeal the paragraph, substitute:
6
(c) a direct personal response from:
7
(i) each of the participating institutions that are determined
8
by the Operator under paragraph 29(2)(b) to be
9
responsible for the abuse of the person; and
10
(ii) each of the partly-participating institutions that are
11
determined by the Operator under paragraph 29(2)(j) to
12
be responsible for the abuse of the person and for which
13
the Operator determines under paragraph 29(2)(k) that a
14
participating jurisdiction is a funder of last resort in
15
relation to the abuse.
16
20 Subsection 16(3)
17
After "participating institutions", insert "or partly-participating
18
institutions".
19
21 Section 18
20
After "(such as the responsible institutions).", insert "If the application
21
is approved, the Operator must also give written notice to any funders
22
of last resort that are specified in the determination.".
23
22 Section 25 (heading)
24
Omit "
participating
".
25
23 Paragraphs 25(1)(a) and (b)
26
After "participating institution", insert "or partly-participating
27
institution".
28
24 Subsection 25(2)
29
After "participating institution", insert "or partly-participating
30
institution".
31
Schedule 1
Funders of last resort
6
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
25 Paragraph 26(2)(a)
1
After "participating institution", insert "or partly-participating
2
institution".
3
26 At the end of subparagraph 29(2)(i)(ii)
4
Add "under section 164".
5
27 After paragraph 29(2)(i)
6
Insert:
7
; and (j) determine each of the following institutions that is
8
responsible for the abuse (see section 15):
9
(i) a defunct institution that is listed for a participating
10
jurisdiction under section 164A and that the Operator
11
does not determine is equally responsible with a
12
participating government institution for the abuse;
13
(ii) a partly-participating institution (see section 164B);
14
(iii) an institution that is listed for a participating jurisdiction
15
under section 164C;
16
(k) for each institution that is covered by a determination under
17
paragraph (j)--determine:
18
(i) each participating jurisdiction that is an eligible funding
19
jurisdiction for the institution in relation to the abuse
20
(see section 164D); and
21
(ii) that each of those eligible funding jurisdictions is a
22
funder of last resort for the institution in relation to the
23
abuse and therefore liable for providing redress to the
24
person under the scheme; and
25
(l) if the Operator determines under paragraph (k) that one or
26
more funders of last resort are liable for providing redress to
27
the person under the scheme--determine, in accordance with
28
section 165A:
29
(i) the amount of each of those funders of last resort's
30
(other than the Commonwealth's) share of the costs of
31
the redress payment for the person; and
32
(ii) the amount of each of those funders of last resort's
33
(other than the Commonwealth's) share of the costs of
34
the counselling and psychological component of redress
35
for the person; and
36
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
7
(iii) the amount of the Commonwealth's share of the costs of
1
the counselling and psychological component of redress
2
for the person (whether or not the Commonwealth is
3
determined to be a funder of last resort under
4
paragraph (k)); and
5
(m) for each institution:
6
(i) that was identified in the application; and
7
(ii) to which subparagraph (j)(i), (ii) or (iii) applies; and
8
(iii) that is not covered by a determination under
9
paragraph (j) of this section;
10
determine that the institution is not responsible for the abuse.
11
28 Subsection 29(2) (notes 1A, 1 and 2)
12
Repeal the notes, substitute:
13
Note 1:
Subparagraph (c)(iii)--if the Operator determines under paragraph (k)
14
that one or more funders of last resort are liable for providing redress
15
to the person under the scheme, the amount of the Commonwealth's
16
share of the costs of the redress payment for the person will be
17
affected by section 165A.
18
Note 2:
Paragraph (g)--if the Operator determines that a responsible
19
institution is a member of a participating group, then all other
20
members of the participating group at that time will be associates of
21
the responsible institution, see subsection 133(3). To find the
22
membership of a participating group at a particular time, see the
23
declaration of the participating group under subsection 134(1) that is
24
in force at that time.
25
Note 3:
Paragraph (i)--only defunct institutions that are both non-government
26
institutions and not participating institutions can be listed under
27
section 164 (see subsection 164(1)).
28
Note 4:
Paragraph (i)--if the Operator determines that one or more
29
participating government institutions are a funder of last resort for a
30
defunct institution under paragraph (i), then those participating
31
government institutions will be liable to pay the defunct institution's
32
(hypothetical) share of the costs of providing redress to the person
33
(see section 165). Those costs are in addition to the participating
34
government institution's own share of the costs for providing redress
35
to the person.
36
Note 5:
Paragraph (j)--only institutions that are both non-government
37
institutions and not participating institutions can be listed under
38
section 164A, 164B or 164C (see subsections 164A(1), 164B(1) and
39
164C(1)).
40
Schedule 1
Funders of last resort
8
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
Note 6:
Paragraphs (k) and (l)--if the Operator determines that one or more
1
participating jurisdictions are a funder of last resort for an institution
2
under paragraph (k), then those participating jurisdictions (and the
3
Commonwealth) will be liable to pay the institution's (hypothetical)
4
share of the costs of providing redress to the person (see
5
section 165A).
6
Note 7:
Paragraph (l)--the amount of the Commonwealth's share of the costs
7
of the redress payment for the person is determined under
8
subparagraph (c)(iii).
9
Note 8:
For the funder of last resort provisions, see Part 6-2.
10
29 Paragraph 29(7)(b)
11
After "participating institution", insert ", participating jurisdiction".
12
30 Paragraph 29(7)(b)
13
After "section 35", insert "or 35A".
14
31 Subsection 30(5) (note 2)
15
Omit "subsection 165(2)", substitute "section 165 or 165A".
16
32 Subsection 31(3) (note 2)
17
Omit "subsection 165(3)", substitute "section 165 or 165A".
18
33 Division 5 of Part 2-3 (heading)
19
Omit "
and participating institutions
", substitute "
, participating
20
institutions and funders of last resort
".
21
34 At the end of Division 5 of Part 2-3
22
Add:
23
35A Notice of determination to funders of last resort
24
(1) If:
25
(a) the Operator makes a determination under section 29 in
26
relation to a person; and
27
(b) the determination is that the application has been approved;
28
and
29
(c) a participating jurisdiction (other than the Commonwealth) is
30
specified in the determination under paragraph 29(2)(k);
31
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
9
then the Operator must give the participating jurisdiction written
1
notice of the determination in accordance with subsection (2).
2
(2) The notice must state:
3
(a) that the application has been approved; and
4
(b) that the Operator determined:
5
(i) under paragraph 29(2)(j) that one or more institutions
6
are responsible for the abuse; and
7
(ii) under paragraph 29(2)(k) that the participating
8
jurisdiction is an eligible funding jurisdiction and funder
9
of last resort for one or more of those institutions in
10
relation to the abuse and therefore liable for providing
11
redress to the person under the scheme; and
12
(c) the amount of the redress payment for the person; and
13
(d) the amount of the participating jurisdiction's share of the
14
costs of the redress payment for the person; and
15
(e) the amount of the Commonwealth's share of the costs of the
16
redress payment for the person; and
17
(f) if an advance payment for the person has been paid--the
18
amount of the advance payment; and
19
(g) the amount of the counselling and psychological component
20
of redress for the person; and
21
(h) the amount of the participating jurisdiction's share of the
22
costs of the counselling and psychological component of
23
redress for the person; and
24
(i) the amount of the Commonwealth's share of the costs of the
25
counselling and psychological component of redress for the
26
person; and
27
(j) the number of other participating jurisdictions that are
28
funders of last resort in relation to the abuse for the
29
institution or institutions to which subparagraph (b)(ii) of this
30
subsection applies; and
31
(k) the reasons for the determination under section 29, as they
32
relate to the participating jurisdiction; and
33
(l) the period within which the person may apply under
34
section 73 for review of the determination.
35
(3) The notice must also comply with any requirements prescribed by
36
the rules.
37
Schedule 1
Funders of last resort
10
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
35 Subsection 36(2)
1
Omit "an institution".
2
36 Paragraph 36(2)(a)
3
Before "is, or is not", insert "an institution".
4
37 Paragraph 36(2)(b)
5
Before "is, or is not", insert "an institution or funder of last resort".
6
38 Subsection 36(3)
7
Repeal the subsection, substitute:
8
(3) However, a determination under section 29 that:
9
(a) an institution is responsible for abuse of a person; or
10
(b) an institution or funder of last resort is liable to provide
11
redress;
12
may result in the imposition of a civil liability on the institution or
13
funder of last resort to make payments under the scheme in relation
14
to that redress.
15
39 Section 38
16
Omit:
17
If the person accepts the offer, the Operator must notify the
18
participating institutions determined by the Operator to be
19
responsible for the abuse of the person's acceptance of the offer
20
(including the components of redress that the person wishes to
21
receive).
22
substitute:
23
If the person accepts the offer, the Operator must notify the
24
participating institutions determined by the Operator to be
25
responsible for the abuse of the person's acceptance of the offer
26
(including the components of redress that the person wishes to
27
receive). If the Operator has determined that one or more funders
28
of last resort for one or more institutions are liable for providing
29
redress, the Operator must also notify:
30
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
11
(a)
those funders of last resort; and
1
(b)
if any of those institutions are partly-participating
2
institutions--those partly-participating institutions.
3
40 After paragraph 39(i)
4
Insert:
5
(ia) all of the following:
6
(i) specifies the institutions determined by the Operator
7
under paragraph 29(2)(j) to be responsible for the abuse;
8
(ii) specifies the participating jurisdictions that the Operator
9
has determined under paragraph 29(2)(k) to be funders
10
of last resort for those institutions;
11
(iii) explains that those funders of last resort and the
12
Commonwealth are liable for the institutions'
13
(hypothetical) shares of the costs of providing redress to
14
the person;
15
(iv) if any of the institutions is defunct--explains that a
16
direct personal response is not available to the person in
17
relation to the abuse for which that institution is
18
responsible;
19
(v) for each institution determined by the Operator to be
20
responsible for the person's abuse under
21
paragraph 29(2)(j), but for which the Operator did not
22
determine any participating jurisdiction to be a funder of
23
last resort in relation to the abuse under
24
paragraph 29(2)(k)--explain that the institution is not a
25
participating institution and that there is no funder of
26
last resort for the institution in relation to the abuse; and
27
(ib) specifies the institutions that were identified in the person's
28
application but determined by the Operator under
29
paragraph 29(2)(m) not to be responsible for the person's
30
abuse; and
31
41 Paragraph 39(p)
32
After "responsible institutions", insert "(if any)".
33
42 At the end of Division 2 of Part 2-4
34
Add:
35
Schedule 1
Funders of last resort
12
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
41A Notice of offer to funders of last resort
1
(1) If:
2
(a) the Operator gives an offer of redress under section 39; and
3
(b) a participating jurisdiction referred to in
4
subparagraph 39(ia)(ii) (other than the Commonwealth) is
5
specified in the offer;
6
then the Operator must give the participating jurisdiction written
7
notice of the offer.
8
(2) The notice must:
9
(a) state the acceptance period for the offer; and
10
(b) comply with any requirements prescribed by the rules.
11
43 Paragraph 42(2)(g)
12
After "participating institutions", insert "and partly-participating
13
institutions".
14
44 After section 44
15
Insert:
16
44A Notice to funders of last resort that the offer is accepted
17
If a person accepts an offer of redress in accordance with
18
section 42, then the Operator must give each participating
19
jurisdiction (if any) that was notified under section 41A about the
20
offer written notice of:
21
(a) the person's acceptance of the offer; and
22
(b) any matters prescribed by the rules.
23
45 At the end of Division 3 of Part 2-4
24
Add:
25
46A Notice to funders of last resort that the offer is declined
26
(1) If a person declines an offer of redress in accordance with
27
section 45, then the Operator must give each participating
28
jurisdiction (if any) that was notified under section 41A of the offer
29
written notice that the person has declined the offer.
30
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
13
(2) The notice must comply with any requirements prescribed by the
1
rules.
2
46B Notice to partly-participating institutions
3
(1) If:
4
(a) a person accepts or declines an offer of redress in accordance
5
with section 42 or 45; and
6
(b) the offer specified an institution under
7
subparagraph 39(ia)(i), and a funder of last resort for the
8
institution under subparagraph 39(ia)(ii); and
9
(c) the institution is a partly-participating institution;
10
then the Operator must give the institution a written notice in
11
accordance with subsection (2) of this section.
12
(2) The notice must state:
13
(a) that the Operator determined under paragraph 29(2)(j) that
14
the institution was responsible for the abuse; and
15
(b) the reasons for the determination under section 29, as they
16
relate to the institution; and
17
(c) whether the person accepted or declined the offer; and
18
(d) if the person accepted the offer--whether the person wishes
19
to receive a direct personal response from the institution.
20
(3) The notice must also comply with any requirements prescribed by
21
the rules.
22
46 Section 47
23
Omit "responsible institutions", substitute "participating institutions,
24
and certain partly-participating institutions, that are responsible".
25
47 Section 47
26
Omit "participating".
27
48 Section 54 (heading)
28
After "
responsible institutions
", insert "
and partly-participating
29
institutions
".
30
Schedule 1
Funders of last resort
14
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
49 Subsection 54(1)
1
After "participating institution", insert "or partly-participating
2
institution".
3
50 Subsection 54(1)
4
After "section 44", insert "or 46B".
5
51 Subsection 54(2)
6
Omit "a participating", substitute "an".
7
52 Subsection 54(3)
8
Omit "participating".
9
53 Subsection 56(1)
10
After "participating institutions", insert "and partly-participating
11
institutions".
12
54 Subsection 56(2)
13
After "participating institution", insert "or partly-participating
14
institution".
15
55 Subsection 56(3)
16
After "Participating institutions", insert "and partly-participating
17
institutions".
18
56 Subsection 56(4)
19
After "participating institutions", insert "and partly-participating
20
institutions".
21
57 Subsections 56(5) and (7)
22
After "Participating institutions", insert "and partly-participating
23
institutions".
24
58 At the end of subsection 58(3)
25
Add:
26
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
15
; and (d) if paragraph 29(2)(j) applies to an institution--determine,
1
under that paragraph, that the institution is responsible for the
2
abuse; and
3
(e) if paragraph 29(2)(k) applies to a participating jurisdiction in
4
relation to one or more institutions--determine:
5
(i) under that paragraph, that the participating jurisdiction
6
is a funder of last resort for each of those institutions in
7
relation to the abuse; and
8
(ii) under paragraph 29(2)(l), the amount of the
9
jurisdiction's share of the costs of the redress payment
10
for the person.
11
59 Subsections 58(5) and 59(5)
12
Omit "or a participating institution", substitute ", a participating
13
institution, a partly-participating institution or a funder of last resort".
14
60 Section 72
15
Omit "participating institutions", substitute "institutions and funders of
16
last resort".
17
61 Section 79 (heading)
18
Omit "
participating institutions
", substitute "
institutions and funders
19
of last resort
".
20
62 Subsection 79(1)
21
After "participating institution", insert ", partly-participating institution,
22
funder of last resort (other than the Commonwealth)".
23
63 Subsection 79(1)
24
After "section 35", insert ", 35A or 46B".
25
64 Section 98 (heading)
26
Omit "
participating
".
27
65 Subsection 98(1)
28
After "participating institution", insert "or partly-participating
29
institution".
30
Schedule 1
Funders of last resort
16
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
66 Paragraphs 98(2)(a) and (b)
1
Omit "participating".
2
67 Paragraph 98(2)(c)
3
Before "the purpose", insert "in the case of a participating institution--
4
".
5
68 Paragraph 98(2)(d)
6
Before "the purpose", insert "in any case--".
7
69 Paragraph 98(2)(d)
8
Omit "participating".
9
70 Section 107
10
After "at least one participating institution", insert ", or at least one
11
institution listed for a participating jurisdiction under section 164A,
12
164B or 164C,".
13
71 Subsection 108(1)
14
Repeal the subsection.
15
72 Subsection 108(2)
16
Omit "(2)".
17
73 At the end of subsection 108(2)
18
Add:
19
Note:
A partly-participating institution is not a participating institution (see
20
paragraph 164B(1)(b)).
21
74 Section 148
22
Omit:
23
One or more participating government institutions may be a funder
24
of last resort for a defunct institution. In that case, those
25
government institutions will be liable to pay the defunct
26
institution's (hypothetical) share of the costs of providing redress
27
to the person, which will increase the amount of funding
28
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
17
contribution the government institutions will be liable to pay. (For
1
the funder of last resort provisions, see Part 6-2.)
2
substitute:
3
One or more participating government institutions or participating
4
jurisdictions may be a funder of last resort for a non-government
5
institution that is not fully participating in the scheme. In that case,
6
those government institutions or jurisdictions will be liable to pay
7
the non-government institution's (hypothetical) share of the costs
8
of providing redress to the person, which will increase the amount
9
of funding contribution the government institutions or jurisdictions
10
will be liable to pay. (For the funder of last resort provisions, see
11
Part 6-2.)
12
75 Subsection 149(1)
13
Repeal the subsection (not including the notes), substitute:
14
(1) If, in a quarter, a person becomes entitled to redress for abuse of
15
the person, then:
16
(a) each participating institution that is determined by the
17
Operator under paragraph 29(2)(b) to be responsible for the
18
abuse; and
19
(b) each participating jurisdiction that is determined under
20
paragraph 29(2)(k) to be a funder of last resort for an
21
institution that is determined by the Operator under
22
paragraph 29(2)(j) to be responsible for the abuse;
23
is liable to pay funding contribution for that quarter.
24
76 Section 150
25
Repeal the section, substitute:
26
150 Funding contribution
27
Funding contribution
for a participating institution or funder of
28
last resort for a quarter consists of:
29
(a) the redress element for the institution or funder of last resort
30
for the quarter; and
31
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
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(b) the scheme administration element for the institution or
1
funder of last resort for the quarter.
2
77 Section 151
3
After "participating institution", insert "or funder of last resort".
4
78 Paragraphs 151(a) and (b)
5
After "institution's", insert "or funder of last resort's".
6
79 Section 151 (note)
7
Repeal the note, substitute:
8
Note 1:
The Operator determines the amount of an institution's share of the
9
costs of the redress payment under paragraph 29(2)(c) and the amount
10
of an institution's share of the costs of the counselling and
11
psychological component of redress for the person under
12
paragraph 29(2)(d).
13
Note 2:
If the Operator determines under paragraph 29(2)(i) that one or more
14
participating government institutions are a funder of last resort for a
15
defunct institution in relation to abuse of a person, those government
16
institutions will be liable for the defunct institution's (hypothetical)
17
share of the costs of providing redress to the person (see section 165).
18
Note 3:
If the Operator determines under paragraph 29(2)(j) that an institution
19
is responsible for abuse of a person, the funders of last resort for the
20
institution will be liable with the Commonwealth for the institution's
21
(hypothetical) share of the costs of providing redress to the person
22
(see section 165A).
23
The Operator determines:
24
(a) the amount of the funders of last resort's shares of the costs of
25
the redress payment and of the counselling and psychological
26
component of redress under subparagraphs 29(2)(l)(i) and (ii);
27
and
28
(b) the Commonwealth's shares of those costs under
29
subparagraphs 29(2)(c)(iii) and (l)(iii).
30
80 Subsection 152(1)
31
After "participating institution", insert "or funder of last resort".
32
81 Subsections 152(1) and (2)
33
After "institution's", insert "or funder of last resort's".
34
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19
82 Subsection 153(1)
1
After "a participating institution", insert "or funder of last resort".
2
83 Paragraph 153(1)(a)
3
After "participating institution", insert "or funder of last resort".
4
84 Subsections 153(2) and 154(1)
5
After "participating institution", insert "or funder of last resort".
6
85 Subsection 154(1)
7
After "the institution", insert "or funder of last resort".
8
86 Subsections 154(3), 156(1) and 157(1) and (6)
9
After "participating institution", insert "or funder of last resort".
10
87 Section 162
11
Repeal the section, substitute:
12
162 Simplified outline of this Part
13
In some cases, a participating government institution or
14
participating jurisdiction will be a funder of last resort for an
15
institution that is not fully participating in the scheme. In those
16
cases, the government institution or jurisdiction will be liable to
17
pay some or all of the non-government institution's share of the
18
costs of providing redress to a person.
19
Before a government institution can become a funder of last resort
20
for a non-government institution in relation to abuse of a person,
21
the Operator must first make a determination to that effect (see
22
paragraph 29(2)(i)). The Operator can only make that
23
determination if:
24
(a)
the non-government institution is defunct; and
25
(b)
the Operator has determined that the government
26
institution is equally responsible with the defunct
27
institution for the abuse; and
28
(c)
the defunct institution is listed for the jurisdiction that
29
the government institution belongs to under section 164.
30
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
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Before a participating jurisdiction can become a funder of last
1
resort for a non-government institution in relation to abuse of a
2
person, the Operator must first make a determination to that effect
3
(see paragraph 29(2)(k)). The Operator can only make that
4
determination if:
5
(a)
the institution is listed for the jurisdiction under
6
section 164A, 164B or 164C; and
7
(b)
the jurisdiction is an eligible funding jurisdiction for the
8
institution in relation to the abuse (see section 164D).
9
Section 164A is used for listing defunct institutions. Section 164B
10
is used for listing institutions (
partly-participating institutions
)
11
that agree to provide a direct personal response if required.
12
Section 164C is used for listing other institutions.
13
88 Section 163
14
Before "A participating", insert "(1)".
15
89 Section 163 (at the end of the note)
16
Add "under section 164".
17
90 At the end of section 163
18
Add:
19
(2) A participating jurisdiction is a
funder of last resort
for an
20
institution in relation to abuse of a person if a determination of the
21
Operator to that effect is in force under paragraph 29(2)(k).
22
Note:
The Operator can only make that determination if the institution is
23
listed for a participating jurisdiction under section 164A, 164B or
24
164C.
25
91 Section 164 (at the end of the heading)
26
Add "
--listing relating only to abuse for which participating
27
government institution is equally responsible
".
28
92 Subsection 164(1)
29
After "a participating jurisdiction", insert "under this section".
30
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93 At the end of subsection 164(1)
1
Add:
2
Note:
Listing under this section is relevant to paragraph 29(2)(i), which
3
provides for the Operator to determine that, if a participating
4
government institution is equally responsible with a listed defunct
5
institution for abuse, the government institution is a funder of last
6
resort for the defunct institution in relation to the abuse.
7
94 At the end of subsection 164(2)
8
Add "under this section".
9
95 At the end of subsections 164(3) and (4)
10
Add "under this section".
11
96 At the end of paragraph 164(6)(b)
12
Add "under this section".
13
97 At the end of subsection 164(6)
14
Add "under this section".
15
98 At the end of paragraph 164(7)(b)
16
Add "under this section".
17
99 At the end of subsection 164(7)
18
Add "under this section".
19
100 After section 164
20
Insert:
21
164A Listing defunct institutions--listing relating to abuse for
22
which participating government institution is not equally
23
responsible
24
(1) A defunct institution is
listed
for a participating jurisdiction under
25
this section if:
26
(a) the institution is a non-government institution; and
27
(b) the institution is not a participating institution; and
28
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
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(c) a declaration that the institution is listed for the participating
1
jurisdiction is in force under subsection (2).
2
Note:
Listing under this section is relevant to paragraphs 29(2)(j) to (m),
3
which provide for the Operator to determine that a participating
4
jurisdiction is a funder of last resort for a defunct institution that is
5
responsible for abuse. Those paragraphs do not apply if a participating
6
government institution is equally responsible for the abuse (unlike
7
paragraph 29(2)(i)).
8
(2) The Minister may, by notifiable instrument, declare that a defunct
9
institution is listed for one or more participating jurisdictions under
10
this section.
11
Note:
An institution may be identified by name, by inclusion in a particular
12
class, or in any other way.
13
(3) The Minister must not make a declaration under subsection (2)
14
listing a defunct institution for the Commonwealth or a
15
participating Territory unless the Minister is satisfied that the
16
relevant jurisdiction has agreed, in the way (if any) prescribed by
17
the rules, to the institution being listed for the jurisdiction under
18
this section.
19
(4) The Minister must not make a declaration under subsection (2)
20
listing a defunct institution for a participating State unless the
21
Minister is satisfied that the State has agreed, in a way provided for
22
in the State's referral Act or adoption Act, to the institution being
23
listed for the State under this section.
24
(5) The Minister may, by notifiable instrument, vary or revoke a
25
declaration made under subsection (2).
26
(6) If:
27
(a) a declaration is made under subsection (2) that a defunct
28
institution is listed for the Commonwealth or a participating
29
Territory; and
30
(b) the jurisdiction withdraws its agreement, in the way (if any)
31
prescribed by the rules, to the defunct institution being listed
32
for the jurisdiction under this section;
33
then, as soon as is practicable, the Minister must, by notifiable
34
instrument, vary or revoke the declaration so that the defunct
35
institution is no longer listed for the jurisdiction under this section.
36
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(7) If:
1
(a) a declaration is made under subsection (2) that a defunct
2
institution is listed for a participating State; and
3
(b) the State withdraws its agreement, in a way provided for in
4
the State's referral Act or adoption Act, to the defunct
5
institution being listed for the State under this section;
6
then, as soon as is practicable, the Minister must, by notifiable
7
instrument, vary or revoke the declaration so that the defunct
8
institution is no longer listed for the State under this section.
9
164B Listing partly-participating institutions
10
(1) An institution is
listed
for a participating jurisdiction under this
11
section if:
12
(a) the institution is a non-government institution; and
13
(b) the institution is not a participating institution; and
14
(c) the institution is not a defunct institution; and
15
(d) a declaration that the institution is listed for the participating
16
jurisdiction is in force under subsection (2).
17
Note 1:
Listing under this section is relevant to paragraphs 29(2)(j) to (m),
18
which provide for the Operator to determine that a participating
19
jurisdiction is a funder of last resort for an institution that is
20
responsible for abuse.
21
Note 2:
An institution listed under this section is a
partly-participating
22
institution
. A partly-participating institution can (unlike an institution
23
listed under section 164C):
24
(a) be requested to give information to the Operator under
25
section 25; or
26
(b) be required to provide a person with a direct personal response.
27
(2) The Minister may, by notifiable instrument, declare that an
28
institution (other than a defunct institution) is listed for one or
29
more participating jurisdictions under this section.
30
Note:
An institution may be identified by name, by inclusion in a particular
31
class, or in any other way.
32
(3) The Minister must not make a declaration under subsection (2)
33
listing an institution for the Commonwealth or a participating
34
Territory unless the Minister is satisfied that:
35
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
(a) the relevant jurisdiction has agreed, in the way (if any)
1
prescribed by the rules, to the institution being listed for the
2
jurisdiction under this section; and
3
(b) the institution has agreed to being listed under this section;
4
and
5
(c) if the institution were declared to be a participating
6
institution under subsection 115(2), its liabilities under this
7
Act would not be discharged; and
8
(d) if the institution were listed under this section, its obligations
9
under section 54 (relating to providing direct personal
10
responses) would be discharged.
11
(4) The Minister must not make a declaration under subsection (2)
12
listing an institution for a participating State unless the Minister is
13
satisfied that:
14
(a) the State has agreed, in a way provided for in the State's
15
referral Act or adoption Act, to the institution being listed for
16
the State under this section; and
17
(b) the institution has agreed to being listed under this section;
18
and
19
(c) if the institution were declared to be a participating
20
institution under subsection 115(2), its liabilities under this
21
Act would not be discharged; and
22
(d) if the institution were listed under this section, its obligations
23
under section 54 (relating to providing direct personal
24
responses) would be discharged.
25
(5) The Minister may, by notifiable instrument, vary or revoke a
26
declaration made under subsection (2).
27
(6) If:
28
(a) a declaration is made under subsection (2) that an institution
29
is listed for the Commonwealth or a participating Territory;
30
and
31
(b) any of the following apply:
32
(i) the jurisdiction withdraws its agreement, in the way (if
33
any) prescribed by the rules, to the institution being
34
listed for the jurisdiction under this section;
35
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
25
(ii) the institution requests the Minister in writing to vary or
1
revoke the declaration so that the institution is no longer
2
listed for the jurisdiction under this section;
3
(iii) the Minister becomes satisfied that, if the institution
4
were declared to be a participating institution under
5
subsection 115(2), its liabilities under this Act, and its
6
obligations under section 54 (relating to providing direct
7
personal responses), would be discharged;
8
(iv) the Minister becomes satisfied that, if the institution
9
were to remain listed under this section, its obligations
10
under section 54 (relating to providing direct personal
11
responses), would not be discharged;
12
then, as soon as is practicable, the Minister must, by notifiable
13
instrument, vary or revoke the declaration so that the institution is
14
no longer listed for the jurisdiction under this section.
15
(7) If:
16
(a) a declaration is made under subsection (2) that an institution
17
is listed for a participating State; and
18
(b) any of the following apply:
19
(i) the State withdraws its agreement, in a way provided for
20
in the State's referral Act or adoption Act, to the
21
institution being listed for the State under this section;
22
(ii) the institution requests the Minister in writing to vary or
23
revoke the declaration so that the institution is no longer
24
listed for the jurisdiction under this section;
25
(iii) the Minister becomes satisfied that, if the institution
26
were declared to be a participating institution under
27
subsection 115(2), its liabilities under this Act, and its
28
obligations under section 54 (relating to providing direct
29
personal responses), would be discharged;
30
(iv) the Minister becomes satisfied that, if the institution
31
were to remain listed under this section, its obligations
32
under section 54 (relating to providing direct personal
33
responses), would not be discharged;
34
then, as soon as is practicable, the Minister must, by notifiable
35
instrument, vary or revoke the declaration so that the institution is
36
no longer listed for the State under this section.
37
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
(8) If a declaration under subsection (2) that an institution is listed for
1
a participating jurisdiction is in force, the Minister must, at least
2
every 12 months, consider whether, if the institution were declared
3
to be a participating institution under subsection 115(2), its
4
liabilities under this Act would be discharged.
5
164C Listing non-defunct institutions other than
6
partly-participating institutions
7
(1) An institution is
listed
for a participating jurisdiction under this
8
section if:
9
(a) the institution is a non-government institution; and
10
(b) the institution is not a participating institution; and
11
(c) the institution is not a defunct institution; and
12
(d) a declaration that the institution is listed for the participating
13
jurisdiction is in force under subsection (2).
14
Note 1:
Listing under this section is relevant to paragraphs 29(2)(j) to (m),
15
which provide for the Operator to determine that a participating
16
jurisdiction is a funder of last resort for an institution that is
17
responsible for abuse.
18
Note 2:
Listing under this section does not make an institution a
19
partly-participating institution (unlike listing under section 164B). An
20
institution that is not a participating institution and not a
21
partly-participating institution cannot be required to provide a person
22
with a direct personal response.
23
(2) The Minister may, by notifiable instrument, declare that an
24
institution (other than a defunct institution) is listed for one or
25
more participating jurisdictions under this section.
26
Note:
An institution may be identified by name, by inclusion in a particular
27
class, or in any other way.
28
(3) The Minister must not make a declaration under subsection (2)
29
listing an institution for the Commonwealth or a participating
30
Territory unless the Minister is satisfied that:
31
(a) the relevant jurisdiction has agreed, in the way (if any)
32
prescribed by the rules, to the institution being listed for the
33
jurisdiction under this section; and
34
(b) if the institution were declared to be a participating
35
institution under subsection 115(2), its liabilities under this
36
Act, and its obligations under section 54 (relating to
37
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National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
27
providing direct personal responses), would not be
1
discharged; and
2
(c) either:
3
(i) the institution has not agreed to be listed for the
4
participating jurisdiction under section 164B; or
5
(ii) the institution cannot be so listed because of
6
paragraph 164B(3)(d); and
7
(d) exceptional circumstances justify the institution being listed
8
for the jurisdiction under this section.
9
(4) The Minister must not make a declaration under subsection (2)
10
listing an institution for a participating State unless the Minister is
11
satisfied that:
12
(a) the State has agreed, in a way provided for in the State's
13
referral Act or adoption Act, to the institution being listed for
14
the State under this section; and
15
(b) if the institution were declared to be a participating
16
institution under subsection 115(2), its liabilities under this
17
Act, and its obligations under section 54 (relating to
18
providing direct personal responses), would not be
19
discharged; and
20
(c) either:
21
(i) the institution has not agreed to be listed for the
22
participating jurisdiction under section 164B; or
23
(ii) the institution cannot be so listed because of
24
paragraph 164B(4)(d); and
25
(d) exceptional circumstances justify the institution being listed
26
for the jurisdiction under this section.
27
(5) The Minister may, by notifiable instrument, vary or revoke a
28
declaration made under subsection (2).
29
(6) If:
30
(a) a declaration is made under subsection (2) that an institution
31
is listed for the Commonwealth or a participating Territory;
32
and
33
(b) any of the following apply:
34
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Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
(i) the jurisdiction withdraws its agreement, in the way (if
1
any) prescribed by the rules, to the institution being
2
listed for the jurisdiction under this section;
3
(ii) the Minister becomes satisfied that, if the institution
4
were declared to be a participating institution under
5
subsection 115(2), its liabilities under this Act, and its
6
obligations under section 54 (relating to providing direct
7
personal responses), would be discharged;
8
(iii) the Minister becomes satisfied that the institution has
9
agreed to be listed for the participating jurisdiction
10
under section 164B and paragraph 164B(3)(d) does not
11
prevent that listing;
12
(iv) the Minister becomes satisfied that exceptional
13
circumstances no longer justify the institution being
14
listed for the jurisdiction under this section;
15
then, as soon as is practicable, the Minister must, by notifiable
16
instrument, vary or revoke the declaration so that the institution is
17
no longer listed for the jurisdiction under this section.
18
(7) If:
19
(a) a declaration is made under subsection (2) that an institution
20
is listed for a participating State; and
21
(b) any of the following apply:
22
(i) the State withdraws its agreement, in a way provided for
23
in the State's referral Act or adoption Act, to the
24
institution being listed for the State under this section;
25
(ii) the Minister becomes satisfied that, if the institution
26
were declared to be a participating institution under
27
subsection 115(2), its liabilities under this Act, and its
28
obligations under section 54 (relating to providing direct
29
personal responses), would be discharged;
30
(iii) the Minister becomes satisfied that the institution has
31
agreed to be listed for the participating jurisdiction
32
under section 164B and paragraph 164B(4)(d) does not
33
prevent that listing;
34
(iv) the Minister becomes satisfied that exceptional
35
circumstances no longer justify the institution being
36
listed for the jurisdiction under this section;
37
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then, as soon as is practicable, the Minister must, by notifiable
1
instrument, vary or revoke the declaration so that the institution is
2
no longer listed for the State under this section.
3
(8) If a declaration under subsection (2) that an institution is listed for
4
a participating jurisdiction is in force, the Minister must, at least
5
every 12 months, consider whether, if the institution were declared
6
to be a participating institution under subsection 115(2), its
7
liabilities under this Act, and its obligations under section 54
8
(relating to providing direct personal responses), would be
9
discharged.
10
164D What is an eligible funding jurisdiction?
11
When Commonwealth is an eligible funding jurisdiction
12
(1) The Commonwealth is an
eligible funding jurisdiction
for an
13
institution in relation to abuse if:
14
(a) the institution is listed for the Commonwealth under
15
section 164A, 164B or 164C; and
16
(b) subsection (2) or (3) of this section applies.
17
(2) This subsection applies if the institution operated solely in a place
18
mentioned in subsection (4) when the abuse occurred.
19
(3) This subsection applies if:
20
(a) when the abuse occurred, the institution did not operate:
21
(i) solely in a single State; or
22
(ii) solely in the Australian Capital Territory; or
23
(iii) solely in the Northern Territory; and
24
(b) the Operator considers that it is appropriate for the
25
Commonwealth to be a funder of last resort in relation to the
26
abuse given the connection between:
27
(i) operations of the institution carried out in a place
28
mentioned in subsection (4); and
29
(ii) the institution's responsibility for the abuse.
30
(4) For the purposes of subsections (2) and (3), the places are any
31
place:
32
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(a) inside a Territory other than the Australian Capital Territory
1
or the Northern Territory; or
2
(b) if the abuse occurred before 11 May 1989--inside the
3
Australian Capital Territory; or
4
(c) if the abuse occurred before 1 July 1978--inside the
5
Northern Territory; or
6
(d) outside Australia.
7
When a participating State or Territory is an eligible funding
8
jurisdiction
9
(5) A participating State or participating Territory is an
eligible
10
funding jurisdiction
for an institution in relation to abuse if:
11
(a) the institution is listed for the State or Territory under
12
section 164A, 164B or 164C; and
13
(b) subsection (6) or (7) of this section applies.
14
(6) This subsection applies if the institution operated solely in that
15
State or Territory when the abuse occurred.
16
(7) This subsection applies if:
17
(a) when the abuse occurred, the institution did not operate:
18
(i) solely in a single State; or
19
(ii) solely in the Australian Capital Territory; or
20
(iii) solely in the Northern Territory; and
21
(b) the Operator considers that it is appropriate for the
22
participating State or participating Territory to be a funder of
23
last resort in relation to the abuse given the connection
24
between:
25
(i) operations of the institution carried out in that State or
26
Territory; and
27
(ii) the institution's responsibility for the abuse.
28
(8) Despite subsections (5) to (7):
29
(a) the Australian Capital Territory is not an
eligible funding
30
jurisdiction
for an institution in relation to abuse if the abuse
31
occurred before 11 May 1989; and
32
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(b) the Northern Territory is not an
eligible funding jurisdiction
1
for an institution in relation to abuse if the abuse occurred
2
before 1 July 1978.
3
Rules
4
(9) Despite subsections (1) to (8), a participating jurisdiction is an
5
eligible funding jurisdiction
for an institution in relation to abuse
6
in the circumstances (if any) prescribed by the rules.
7
(10) Despite subsections (1) to (8), a participating jurisdiction is not an
8
eligible funding jurisdiction
for an institution in relation to abuse
9
in the circumstances (if any) prescribed by the rules.
10
Note:
The Operator can determine under paragraph 29(2)(k) that a
11
participating jurisdiction is a funder of last resort for an institution that
12
is responsible for abuse if the jurisdiction is an eligible funding
13
jurisdiction for the institution in relation to the abuse.
14
101 At the end of Division 3 of Part 6-2
15
Add:
16
165A Special rules for funder of last resort cases--participating
17
jurisdictions
18
Effect of participating jurisdiction being funder of last resort
19
(1) If the Operator determines:
20
(a) under paragraph 29(2)(j) that an institution is responsible for
21
abuse of a person; and
22
(b) under paragraph 29(2)(k) that one or more participating
23
jurisdictions are a funder of last resort for the institution in
24
relation to the abuse;
25
then each of those jurisdictions are proportionally liable, in
26
accordance with this section, for half of what the institution would
27
have been liable to pay in relation to providing redress to the
28
person, had the institution been a participating institution. The
29
Commonwealth bears the other half.
30
Schedule 1
Funders of last resort
32
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
Determining amount of redress payment
1
(2) When determining under subparagraph 29(2)(c)(i) the amount of a
2
redress payment for a person, the Operator must apply
3
subsections 30(2) to (5) as if each institution:
4
(a) that the Operator determines under paragraph 29(2)(j) is
5
responsible for the abuse; and
6
(b) for which the Operator determines under paragraph 29(2)(k)
7
that a participating jurisdiction is a funder of last resort in
8
relation to the abuse;
9
were also a responsible institution in relation to the abuse.
10
Determining amount of participating jurisdiction's share of
11
redress payment
12
(3) Subsections (4) and (5) set out how the Operator must make a
13
determination under subparagraph 29(2)(l)(i) about the amount of a
14
participating jurisdiction's (the
funding jurisdiction's
) share of the
15
costs of a redress payment for a person.
16
Note:
Subparagraph 29(2)(l)(i) does not apply to a participating jurisdiction
17
if the jurisdiction is the Commonwealth. For the Commonwealth's
18
share of the costs of the redress payment, see subsections (6) and (7)
19
of this section.
20
(4) The Operator must first work out an amount, in the following way,
21
for each institution for which the Operator determines under
22
paragraph 29(2)(k) that the funding jurisdiction is a funder of last
23
resort in relation to the abuse:
24
(a) first, halve the amount worked out under subsection 30(2) (as
25
applying because of subsection (2) of this section) as the
26
amount of the institution's share of the costs of the redress
27
payment;
28
(b) then divide that half by the number of participating
29
jurisdictions that are funders of last resort for the institution
30
in relation to the abuse.
31
Note 1:
If the funding jurisdiction is the only funder of last resort for the
32
institution in relation to the abuse, the amount worked under
33
paragraph (b) will be the same as the half worked out under
34
paragraph (a).
35
Note 2:
If there is more than one funder of last resort for the institution in
36
relation to the abuse, and one of those is the Commonwealth, then,
37
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
33
although the Commonwealth's share of the costs of the redress
1
payment is not worked out under subsections (3) to (5), the
2
Commonwealth is included in the number of funders of last resort for
3
the purposes of paragraph (b) of this subsection.
4
(5) The Operator must then work out the amount of the funding
5
jurisdiction's share of the costs of the redress payment for the
6
person by adding together the amounts worked out under
7
subsection (4) of this section.
8
Determining amount of Commonwealth's share of redress payment
9
(6) When determining under subparagraph 29(2)(c)(iii) the amount of
10
the Commonwealth's share of the costs of a redress payment for
11
the person, the Operator must:
12
(a) apply subsections 30(2) to (4) as if each institution:
13
(i) that the Operator determines under paragraph 29(2)(j) is
14
responsible for the abuse; and
15
(ii) for which the Operator determines under
16
paragraph 29(2)(k) that a participating jurisdiction is a
17
funder of last resort in relation to the abuse;
18
were also a responsible institution in relation to the abuse;
19
and
20
(b) for each institution to which paragraph (a) of this subsection
21
applies:
22
(i) work out an amount under subsection (7); and
23
(ii) add that amount to what, apart from this paragraph,
24
would have been the amount of the Commonwealth's
25
share of those costs.
26
(7) For the purposes of subparagraph (6)(b)(i), the Operator must:
27
(a) first, halve the amount worked out under subsection 30(2) (as
28
applying because of paragraph (6)(a) of this section) as the
29
amount of the institution's share of the costs of the redress
30
payment; and
31
(b) if the Operator determines that the Commonwealth is a
32
funder of last resort for the institution in relation to the
33
abuse--then:
34
(i) divide that half by the number of participating
35
jurisdictions that the Operator determines are funders of
36
last resort for the institution in relation to the abuse; and
37
Schedule 1
Funders of last resort
34
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
(ii) add the half worked out under paragraph (a) to the
1
amount worked out under subparagraph (i) of this
2
paragraph.
3
Note:
If the Commonwealth is the only funder of last resort for the
4
institution in relation to the abuse, the amount worked out under this
5
subsection will be the whole of the amount worked out under
6
subsection 30(2) (as applying because of paragraph (6)(a) of this
7
section) as the amount of the institution's share of the costs of the
8
redress payment.
9
Determining participating jurisdiction's share of costs of
10
counselling and psychological component of redress
11
(8) Subsections (9) and (10) set out how the Operator must make a
12
determination under subparagraph 29(2)(l)(ii) about the amount of
13
a participating jurisdiction's (the
funding jurisdiction's
) share of
14
the costs of the counselling and psychological component of
15
redress for a person.
16
Note:
Subparagraph 29(2)(l)(ii) does not apply to a participating jurisdiction
17
if the jurisdiction is the Commonwealth. For how to work out the
18
Commonwealth's share of the costs of the counselling and
19
psychological component, see subsections (11) to (13) of this section.
20
(9) The Operator must first work out an amount, in the following way,
21
for each institution for which the Operator determines under
22
paragraph 29(2)(k) that the funding jurisdiction is a funder of last
23
resort in relation to the abuse:
24
(a) first, determine, in accordance with section 31, the amount of
25
the institution's share of those costs as if the institution were
26
also a responsible institution;
27
(b) then halve the amount worked out under paragraph (a);
28
(c) then divide that half by the number of participating
29
jurisdictions that the Operator determines are funders of last
30
resort for the institution in relation to the abuse.
31
Note 1:
If the funding jurisdiction is the only funder of last resort for the
32
institution in relation to the abuse, the amount worked under
33
paragraph (c) will be the same as the half worked out under
34
paragraph (b).
35
Note 2:
If there is more than one funder of last resort for the institution in
36
relation to the abuse, and one of those is the Commonwealth, then,
37
although the Commonwealth's share of the costs of the counselling
38
and psychological component of redress is worked out under
39
Funders of last resort
Schedule 1
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
35
subsections (11) to (13) rather than under subsections (8) to (10), the
1
Commonwealth is included in the number of funders of last resort for
2
the purposes of paragraph (b) of this subsection.
3
(10) The Operator must then work out the amount of the funding
4
jurisdiction's share of the costs of the counselling and
5
psychological component of redress for the person by adding
6
together the amounts worked out under subsection (9).
7
Determining Commonwealth's share of costs of counselling and
8
psychological component of redress
9
(11) Subsections (12) and (13) set out how the Operator must make a
10
determination under subparagraph 29(2)(l)(iii) about the amount of
11
the Commonwealth's share of the costs of the counselling and
12
psychological component of redress for a person.
13
(12) The Operator must first work out an amount, in the following way,
14
for each institution for which the Operator determines under
15
paragraph 29(2)(k) that one or more participating jurisdictions
16
(whether or not the Commonwealth) is a funder of last resort in
17
relation to the abuse:
18
(a) first, determine, in accordance with section 31, the amount of
19
the institution's share of those costs as if the institution were
20
also a responsible institution;
21
(b) then halve that amount;
22
(c) if the Operator determines that the Commonwealth is a
23
funder of last resort for the institution in relation to the
24
abuse--then:
25
(i) divide that half by the number of participating
26
jurisdictions that the Operator determines are funders of
27
last resort for the institution in relation to the abuse; and
28
(ii) add the half worked out under paragraph (b) to the
29
amount worked out under subparagraph (i) of this
30
paragraph.
31
Note:
If the Commonwealth is the only funder of last resort for the
32
institution in relation to the abuse, the amount worked out under this
33
subsection will be the whole of the amount worked out under
34
paragraph (a).
35
(13) The Operator must then work out the amount of the
36
Commonwealth's share of the costs of the counselling and
37
Schedule 1
Funders of last resort
36
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
psychological component of redress for the person by adding
1
together the amounts worked out under subsection (12).
2
Scheme administration costs
3
(14) When determining under subsection 152(2) a participating
4
jurisdiction's (the
funding jurisdiction's
) (other than the
5
Commonwealth's) contribution to the costs of the administration of
6
the scheme for a quarter, the Operator must, for each institution for
7
which the Operator determines under paragraph 29(2)(k) that the
8
funding jurisdiction is a funder of last resort in relation to abuse:
9
(a) determine the amount of the institution's contribution to
10
those costs as if the institution were a participating
11
institution; and
12
(b) halve that amount; and
13
(c) divide that half by the number of participating jurisdictions
14
that the Operator determines are funders of last resort for the
15
institution in relation to the abuse; and
16
(d) add the amount worked out under paragraph (c) to what,
17
apart from this subsection, would have been the amount of
18
the funding jurisdiction's contribution to those costs.
19
102 Section 166
20
After "an institution", insert ", a State, a Territory".
21
103 Section 168
22
After "an institution", insert ", a State, a Territory".
23
104 Paragraphs 168(a) and (b)
24
After "the institution", insert ", State, Territory".
25
105 Section 172 (heading)
26
At the end of the heading, add "
and participating jurisdictions
".
27
106 Paragraph 172(c)
28
After "participating institution", insert "or participating jurisdiction".
29
107 Section 172
30
After "the institution", insert "or jurisdiction".
31
Disclosing information about non-participating institutions
Schedule 2
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
37
Schedule 2--Disclosing information about
1
non-participating institutions
2
3
National Redress Scheme for Institutional Child Sexual
4
Abuse Act 2018
5
1 After section 95
6
Insert:
7
95A Additional authorisation--Operator publicly disclosing that
8
institution is not participating in the scheme
9
(1) The Operator may publicly disclose that a non-government
10
institution is not a participating institution if:
11
(a) either or both of the following apply:
12
(i) a person has applied for redress under the scheme and
13
the application identifies the institution as being
14
involved in the abuse of the person;
15
(ii) the Operator has reasonable grounds to believe that the
16
institution may be connected with abuse of a person that
17
is within the scope of the scheme; and
18
(b) the institution is not a participating institution or a
19
partly-participating institution.
20
(2) If the Operator does so, the Operator may also publicly disclose
21
any of the following that are applicable:
22
(a) that an application for redress under the scheme identifies the
23
institution as being involved in abuse;
24
(b) that the Operator has reasonable grounds to believe that the
25
institution may be connected with abuse;
26
(c) that the Operator has contacted the institution about
27
participating in the scheme and the institution has not
28
responded to the Operator despite having had a reasonable
29
time to do so;
30
(d) that the institution has informed the Operator that the
31
institution intends to agree to participate in the scheme;
32
Schedule 2
Disclosing information about non-participating institutions
38
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
(e) that the institution has informed the Operator that the
1
institution does not intend to agree to participate in the
2
scheme;
3
(f) that the institution has informed the Operator that the
4
institution intends to agree to being listed under section 164B
5
(partly-participating institutions);
6
(g) that the institution has informed the Operator that the
7
institution does not intend to agree to being listed under
8
section 164B (partly-participating institutions);
9
(h) that there are not reasonable grounds for expecting that, if the
10
institution were declared to be a participating institution
11
under section 115, its liabilities under this Act would be
12
discharged;
13
(i) any other matter prescribed by the rules.
14
(3) To avoid doubt, the Operator may disclose information under this
15
section even if the information is protected information.
16
(4) In making a disclosure under this section, the Operator must not
17
disclose the identity of a person who:
18
(a) has applied for redress under the scheme; or
19
(b) the Operator has reasonable grounds to believe may have
20
been abused.
21
Application and transitional provisions
Schedule 3
No. , 2021
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
39
Schedule 3--Application and transitional
1
provisions
2
3
National Redress Scheme for Institutional Child Sexual
4
Abuse Act 2018
5
1 In the appropriate position in Chapter 8
6
Insert:
7
Part 8-4--Application and transitional provisions
8
relating to the National Redress Scheme for
9
Institutional Child Sexual Abuse
10
Amendment (Funders of Last Resort and
11
Other Measures) Act 2021
12
13
206 Definitions
14
In this Part:
15
amending Act
means the
National Redress Scheme for Institutional
16
Child Sexual Abuse Amendment (Funders of Last Resort and Other
17
Measures) Act 2021
.
18
application
means an application for redress.
19
207 Application of amendments made by Schedule 1 to the
20
amending Act
21
The amendments made by Schedule 1 to the amending Act apply
22
in relation to:
23
(a) an application made on or after the commencement of this
24
section; or
25
(b) an application made before that commencement, if:
26
(i) the application was not withdrawn before that
27
commencement; and
28
Schedule 3
Application and transitional provisions
40
National Redress Scheme for Institutional Child Sexual Abuse
Amendment (Funders of Last Resort and Other Measures) Bill 2021
No. , 2021
(ii) the Operator did not make a determination to approve,
1
or not approve, the application under section 29 of this
2
Act before that commencement.
3
208 Application of amendments made by Schedule 2 to the
4
amending Act
5
For the purposes of section 95A, it does not matter whether an
6
application was made before, on or after the commencement of this
7
section.
8