House of Representatives

Second Reading Speech

Ms RISHWORTH (Kingston - Minister for Social Services)

I move:

That this bill be now read a second time.

The National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2023 will amend the primary legislation for the National Redress Scheme for institutional child sexual abuse (the scheme). The amendments form part of the government's final response to recommendations from the second year review of the National Redress Scheme (the review) undertaken by Ms Robyn Kruk AO.

The scheme was established on 1 July 2018 in response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. It is just over halfway through its legislated 10 years of operation and will be reviewed again at the eight-year mark, on 1 July 2026.

The implementation of the scheme was an acknowledgement by the Australian government and state and territory governments that sexual abuse suffered by children in institutional settings was wrong, a betrayal of trust, and should never have happened.

The scheme recognises the suffering survivors have experienced and the often lifelong impact the abuse has had on their lives. The scheme accepts that these events occurred and that institutions must take responsibility for this abuse.

The scheme is an important step towards healing and provides access to three components of redress as a tangible means of recognising the wrongs survivors have suffered. These are a monetary payment, access to counselling and psychological services, and a direct personal response from the institutions responsible, where a survivor wants that to occur.

In preparing this second reading speech, I revisited my remarks on the primary legislation to establish the scheme. In 2018, I acknowledged the powerful advocates who called for governments to do something to address the wrongs of the past and without whom we would not have had those important pieces of legislation in place. Today, I again acknowledge their bravery in telling their stories to make sure that the abuse they experienced never happens again.

I'd also like to acknowledge National Survivors Day, which occurred this week, and the fifth anniversary of the national apology and that it's just over 11 years since the royal commission was announced by the then Prime Minister, the Hon. Julia Gillard AC.

As at 10 November 2023, 496 non-government institutions are participating in the scheme. This means the scheme now covers approximately 69,000 sites across Australia. In addition, over 13,400 payments totalling approximately $1.2 billion have been paid to survivors to date.

The government remains committed to encouraging all institutions named in applications to fulfil their moral obligation to join the scheme. Institutions are able to join the scheme throughout the life of the scheme, maximising access to redress for survivors.

There are also consequences for institutions who choose not to join the scheme. These include public naming, restrictions on Commonwealth grant funding and possible loss of their charitable status and associated tax concessions.

The Australian government remains committed to the continuous improvement of the scheme by increasing its efficiency, cultural safety and accessibility. With regard to the impact on survivors who are First Nations Australians, culturally and linguistically diverse, those with disability, and those who are terminally ill or ageing, it is critical that we improve the scheme on an ongoing basis.

It is essential that the needs of survivors are being met; that the scheme is operating effectively; and that the unique and evolving challenges in administering a trauma-informed scheme are being addressed.

In undertaking the review, survivors' voices were front and centre and Ms Kruk consulted extensively, whether that be with survivors, advocacy groups, support services, institutions and Commonwealth and state and territory governments.

The review made 38 recommendations to increase access to redress and improve the scheme's operation, making it more trauma-informed, efficient and ultimately more survivor-focused. Of the recommendations, 29 were supported in full, five in part and four were not supported. This bill will fulfil the work of the review and improve the scheme and the experience of survivors for its remaining life.

A number of recommendations have already been implemented, including:

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advance payments;

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changing to the date for indexation of relevant prior payments;

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removing the requirement for a witnessed statutory declaration;

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introducing payment by instalments; and

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extending funder of last resort provisions.

This bill continues the government's work in improving the scheme, and gives effect to the remaining changes outlined in the government's final response to the review, released on 4 May 2023. In line with the scheme's governance arrangements, all states and territories, as partners in the scheme, have agreed to the amendments in this bill.

This bill will improve accessibility to redress, enhance choice for survivors, increase transparency, and hold the scheme accountable in delivering its commitment to trauma-informed, survivor-focused delivery. These outcomes are addressed through progressing the following amendments to the Redress Act:

Reassessment of finalised applications when an institution named later joins the s cheme

Where applicants name an institution that has not joined the scheme, some may choose to wait to see if the institution joins the scheme, while others choose to progress their application. There are currently no avenues to find a non-participating institution liable after a determination is made, when that institution subsequently joins the scheme.

This bill introduces a new reassessment process in response to recommendation 3.1 of the review, making it fairer for survivors who may have been disadvantaged where an institution was not participating at the time their application was progressed.

Where an institution identified in their application later joins the scheme, or where a government later agrees to be the funder of last resort for the institution, applicants will now have the option of having their application reassessed.

This amendment acknowledges that some survivors have chosen to progress their application without all relevant institutions participating, and seeks to provide an option for these survivors to have their redress outcome reassessed to include the newly participating institution.

When an institution joins the scheme, including those that have joined to date, the scheme will contact applicants where that institution was identified in their application. Where a survivor accepts a reassessed outcome, the institution's or institutions' liability will be updated to reflect any changes.

Review of determinations

Currently, the redress act does not allow applicants to submit further information when requesting a review of a decision. The second year review found this position limits procedural fairness and, along with the risk of a redress offer being reduced, deters survivors from requesting a review.

In response to recommendation 5.1 of the second year review, this measure will allow applicants to provide additional information when requesting a review. The changes will also introduce a 'no worse off' provision so that redress offers are not reduced on review due to a differing interpretation by the reviewing independent decision-maker.

To protect scheme integrity, reviewed decisions can still be adjusted to account for new information that was not available at the time of the original decision. This could include a previously undeclared prior payment; in this example, the final redress amount may be reduced on review. The 'no worse off' provision is also limited to remain consistent with the principles of the scheme and account for fraud and misleading information supplied.

Eligibility for people with serious criminal convictions

Currently, applicants who are sentenced to imprisonment for five years or longer for a single offence (defined as a serious criminal conviction) are not entitled to redress unless the operator is satisfied that providing redress to the applicant will not bring the scheme into disrepute or adversely affect public confidence in, or support for, the scheme.

For the scheme operator to make this determination, applicants with a serious criminal conviction are required to undergo a special assessment process. This process includes seeking advice from the attorneys-general in the jurisdiction(s) where the offence or offences and child sexual abuse occurred. The special assessment process has resulted in delays for this group of applicants.

In response to recommendation 3.2 of the review, this bill limits the special assessment process to specific classes of serious offences. This will reduce the circumstances where applicants are required to go through the special assessment process.

To achieve this, only applicants who are sentenced to imprisonment for five years or more for unlawful killing, sexual offences, or terrorism offences, or where a risk to the integrity of the scheme exists, will be required to undergo the special assessment process.

Eligibility for prisoners

A survivor who is currently incarcerated cannot make an application to the scheme, unless there are exceptional circumstances justifying the application being made. For example, where the survivor will not be released before the scheme ends on 30 June 2028, or is so ill that they cannot make an application for redress upon their release from jail.

In response to recommendation 3.2 of the review, this bill removes the restriction on incarcerated survivors from making an application to the scheme. Practically, this means all incarcerated survivors will be able to access redress where they meet the eligibility requirements and those applying from jail will no longer need to submit an applying from jail form, or supply the scheme with information outlining exceptional circumstances.

This will remove a significant barrier for incarcerated survivors in applying for redress and will provide greater accessibility to the scheme for a cohort of survivors where there is an acknowledged impact of institutional child sexual abuse.

Amendments to the protected information provisions

The scheme receives and holds very sensitive information about people, and the protected information framework is designed so that this information is handled in a manner that reflects this.

The second year review recommendation 3.14 suggests the scope and content of the protected information provisions be reviewed, with specific regard to the protection of information provided by applicants and the permitted use by the scheme operator and institutions of that information.

A review of the protected information framework found that overall the current provisions are appropriate and required for the operation of the scheme and protection of children; but it identified some measures to improve the framework, which are included in this bill.

The changes will enable the scheme operator to disclose:

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protected information to an applicant that an institution is not participating in the scheme. Matters that may be disclosed include that the scheme has contacted an institution about participating in the scheme and they have not responded; that the institution informed the scheme that they intend to participate, and that the institution has advised the scheme they do not intend to participate.

This amendment is designed to improve transparency with survivors on the steps taken by the institution they named in their application to join the scheme.

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relevant protected information to a public trustee to ascertain whether an applicant is subject to a financial management order and support an applicant's financial affairs where they are subject to a financial management order.

This measure will also allow a person engaged by a participating institution to disclose protected information to another institution within the same participating group for the purpose of an internal investigation and disciplinary procedures.

Funder of last resort

In response to the review, theNational Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort and Other Measures) Act 2021 (the 2021 FOLR Act) extended the funder of last resort (FOLR) arrangements in the redress act.

This extended the provisions to encompass non-defunct institutions that are unable to participate in the scheme and defunct institutions with which participating jurisdictions do not share responsibility for abuse and there is no parent institution to take responsibility.

This bill would make technical amendments to the funder of last resort provisions to ensure where a payment is made under the redress act and the 2021 funder of last resort act, final figures for invoicing are appropriately rounded up to the nearest cent. Additionally, this bill will make technical amendments to ensure a funder of last resort's redress liability is not double counted in limited scenarios when applying the provisions of both the redress act and the 2021 funder of last resort act.

Summary

To conclude, this bill introduces the remaining legislative amendments arising from the Australian government's final response to the second year review and includes additional improvements to the operation of the scheme.

Considering the compounding impact for survivors of institutional child sexual abuse is at the forefront of all the scheme does; it guides policy, legislation and how redress is delivered to survivors.

This bill is representative of the government's commitment to uphold the trauma-informed principles that guide the scheme. The legislative changes have been made in consultation with states and territories as our partners in the scheme.

The government is pleased to outline these important and substantial amendments and looks forward to continuing to improve the scheme for the benefit of survivors. I commend the bill to the House.

Debate adjourned.