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CLAUSE NOTES
National Redress Scheme for Institutional Child Sexual Abuse
(Commonwealth Powers) Bill 2018
PART 1 - PRELIMINARY
Clause 1: Short title
Cites the Act as the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth
Powers) Act 2018.
Clause 2: Commencement
Clause 2 provides for the Act to commence on 1 November 2018.
Clause 3: Principal Act
Clause 3 contains the definitions of terms used in the proposed Act.
PART 2 – ADOPTION AND REFERRAL
Clause 4: Adoption of relevant version of National Redress Act
Clause 4 deals with the adoption of the National Redress Scheme for Institutional Child Sexual Abuse
Act 2018 of the Commonwealth.
Clause 4(1) defines relevant version of the National Redress Act to mean the National Redress
Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth as enacted or
amended from time to time.
Clause 4(2) deals with the adoption of the relevant version of the National Redress Act.
Clause 4(3) provides for the commencement and termination of the adoption reference.
Clause 5: Amendment reference
Clause 5 deals with the amendment reference related to the adoption of the National Redress
Scheme for Institutional Child Sexual Abuse 2018 of the Commonwealth.
Clause 5(1) provides that the amendment reference does not include certain matters relating to
State redress mechanisms (Clause 7 and 8).
Clause 5(2) provides that the amendment reference includes only matters that are not within
the legislative powers of the Commonwealth and matters that are within the legislative powers
of the State of Tasmania.
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Clause 5(3) provides for the commencement and termination of the amendment reference.
Clause 6: Amendment of the National Redress Act
Clause 6 allows for the amendment of the National Redress Act and its instruments by the
Commonwealth Parliament.
Clause 7: State redress mechanisms
Clause 7(1) defines State redress mechanism to mean a scheme established by the State
Parliament or the State government or by any governmental or non-governmental entity for
persons who have suffered institutional child sexual abuse in the State, and also to mean the
jurisdiction of a court or tribunal to grant compensation or support for victims of crime (including
crime relating to institutional child sexual abuse).
Clause 7(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 mechanism.
Clause 7(3) provides that clause 7(2) does not cover: any matters covered by the original
enactment of the National Redress Act; 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 8: Requirements for agreement of State
Clause 8 provides that the amendment reference does not include the matter of making a law
to the extent that it would substantially 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 9: Termination of adoption or amendment reference
Clause 9 deals with the termination of the period of references under clauses 4 and 5 (namely,
the period ending on a day to be fixed by the Governor by proclamation).
Clause 10: Effect of termination of amendment reference before adoption
Clause 10 clarifies that the termination of the amendment reference does not affect laws already
in place.
PART 3 – MISCELLANEOUS
Clause 11: How agreement of State is given, withdrawn and evidenced
Clause 11 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 National Redress Act and the National Redress Scheme.
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Clause 12: Information sharing
Clause 12 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 13: Regulations
Clause 13 authorises regulations to be made for the purposes of the proposed Act.
Clause 14: Administration of Act
Clause 14 provides that the Minister for Justice and the Department of Justice has
administrative responsibility for the Act until order is made under section 4 of the Administrative
Arrangements Act 1990.
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