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National Redress Scheme for
Institutional Child Sexual Abuse
(Commonwealth Powers) Bill 2018
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of the National Redress Scheme for Institutional Child Sexual
Abuse (Commonwealth Powers) Bill 2018 is to refer certain matters relating
to the National Redress Scheme for Institutional Child Sexual Abuse to the
Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of
the Constitution of the Commonwealth; and for other purposes.
The Bill operates to refer matters relating to institutional child sexual abuse
as follows--
• The text reference, which provides for the enactment by
the Commonwealth Parliament of the Bill for a proposed
Commonwealth Act as set out in Schedule 1. The proposed
Commonwealth Act is the National Redress Scheme for
Institutional Child Sexual Abuse Act 2018 (the National
Redress Act).
• The amendment reference, which provides for the enactment
of express amendments to the National Redress Act relating to
redress for institutional child sexual abuse. The amendment
reference is subject to limitations under clauses 5 and 6.
Clause Notes
Clause 1 sets out the name and main purpose of the Bill.
Clause 2 provides that the Bill will come into operation on the date
of assent.
581242 1 BILL LA INTRODUCTION 8/5/2018
Clause 3 defines various words and expressions used in the Bill.
Clause 4 deals with the reference of matters to the Commonwealth
Parliament. The references comprise the text reference and
the amendment reference, as referred to above.
Clause 5 provides that the amendment reference does not include certain
matters relating to State redress mechanisms.
Subclause (1) defines State redress mechanism to mean a
scheme established by the State Parliament or State government
or by any governmental or non-governmental entity in respect
of survivors of institutional child sexual abuse in the State, and
also to mean the jurisdiction of a court or tribunal to grant
compensation or support for or in respect of victims of crime
(including crime relating to institutional child sexual abuse).
Subclause (2) provides that the amendment reference does not
include the matter of making a law to the extent that it would
operate to prevent or limit the power to establish, or to prevent
or limit the operation of, any State redress mechanisms.
Subclause (3) provides that clause 5(2) does not cover--any
matters covered by the text reference; the release or discharge of
civil liability under the National Redress Scheme; the disclosure
or use of evidence or other information provided or obtained
under the National Redress Scheme; or the making, enforcement
or protection (e.g. against the operation of garnishee orders) of
payments under the National Redress Scheme.
Clause 6 provides that the amendment reference does not include the
matter of making a law to the extent that it would substantively
remove or override a provision of the National Redress Act that
requires the agreement of the State (e.g. for a State institution to
be declared a participating institution).
Clause 7 deals with the termination of the period of the references under
clause 4 (namely, the period ending on a day fixed by the
Governor by proclamation).
Clause 8 makes it clear that the termination of the amendment reference
does not affect laws already in place.
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Clause 9 authorises the regulations or (subject to the regulations) the
Minister to give directions as to how the agreement of the
State is to be given or withdrawn and may be evidenced for
the purposes of, and consistently with, the proposed Bill and
the National Redress Scheme.
Clause 10 provides that a participating institution may give information to
the Operator under the National Redress Scheme in response to
a relevant request of the Operator, and that a State agency may
provide information to another State agency for the purpose of
assisting any participating State institution to comply with such
a request. The information may be provided despite any law of
the State unless the law is prescribed by the regulations.
Clause 11 provides that amounts payable under this Bill are payable out
of the Consolidated Fund.
Clause 12 enables the Governor in Council to make regulations, not
inconsistent with the Bill, for or with respect to any matter or
thing that is required or permitted by the Bill to be prescribed
or that is necessary to be prescribed for carrying out or giving
effect to the Bill.
Schedule 1 sets out the text of the Bill for the proposed National Redress
Scheme for Institutional Child Sexual Abuse Act 2018 of the
Commonwealth. The text is the subject of the text reference
under clause 4(1).
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