National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018
Plain English Summary
Overview
This bill enables the National Redress Scheme for Institutional Child Sexual Abuse to operate in Queensland, following recommendations from the Royal Commission. The Queensland Government committed $500 million for redress payments to people who experienced child sexual abuse in government-run institutions. The scheme provides eligible survivors with monetary payments, counselling and psychological care, and a direct personal response from the responsible institution.
Who it affects
Survivors of institutional child sexual abuse in Queensland can apply for redress. Queensland Government agencies that operated relevant institutions must share information to support applications.
Key changes
- Queensland opts into the National Redress Scheme by adopting the Commonwealth's National Redress Act
- Survivors can receive up to $150,000 in monetary redress, plus counselling and a direct personal response from the responsible institution
- The Department of Child Safety, Youth and Women is established as the central contact point to coordinate information sharing between Queensland agencies and the National Scheme Operator
- Redress payments will not reduce a person's entitlement to victim assistance under the Victims of Crime Assistance Act 2009
- The Queensland Government acts as funder of last resort for defunct institutions that can no longer pay their share of redress
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 June 2018View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill over approximately two months, receiving 16 submissions and holding a public hearing with five witnesses. The committee unanimously recommended the bill be passed, finding broad support from stakeholders including legal services, disability advocates, child protection organisations and care leaver groups. While submitters raised concerns about the $150,000 payment cap (below the Royal Commission's recommended $200,000), the exclusion of prisoners and those with serious criminal convictions, and limitations on review rights, the committee acknowledged these were matters of Commonwealth legislation that Queensland could not amend. Non-government members filed a statement of reservations raising additional issues from the Bar Association of Queensland's late submission.
Key findings (5)
- The bill had broad support from stakeholders, with all 16 submitters endorsing Queensland's participation in the National Redress Scheme
- The committee identified several fundamental legislative principle concerns, including the requirement to forfeit civil litigation rights upon accepting redress and the lack of external review mechanisms
- Approximately 10,000 redress applications were expected to relate to abuse in Queensland institutions, with about 5,000 relating to government-operated institutions
- Several submitters raised concerns about groups excluded from the scheme, including non-citizens, prisoners, people with serious criminal convictions, and those who experienced non-sexual institutional abuse
- The committee noted limitations on Queensland parliamentary sovereignty from adopting Commonwealth legislation but found these justified given the desirability of a uniform national approach
Recommendations (1)
- The committee recommends the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 be passed.
Committee report tabled
▸Second Reading19 Sept 2018View Hansard
▸14 members spoke14 support
Moved the second reading as Minister for Child Safety. Defended the bill as necessary to enable Queensland participation in the national redress scheme for survivors of institutional child sexual abuse.
“The scheme stands to benefit many thousands of Queensland survivors of institutional child sexual abuse and offer closure and support they may not otherwise receive.”— 2018-09-19View Hansard
Continued his speech from the previous session, expressing support for the redress scheme and the federal coalition government's work in establishing it.
“The reality of what has been uncovered after being covered up for so long has meant that survivors could be heard, believed and begin the process of healing.”— 2018-09-19View Hansard
Confirmed bipartisan LNP support for the bill while raising concerns about exclusionary provisions for applicants with criminal histories and the scheme's departures from royal commission recommendations.
“This bill is a vital part of Queensland and Australia attempting to make amends for survivors who have suffered in silence for too long. My colleagues on this side of the chamber will support the bill here today.”— 2018-09-19View Hansard
Supported the bill as committee chair, noting the committee recommended it be passed.
“The committee recommended that the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 be passed.”— 2018-09-19View Hansard
Supported the bill as a committee member, outlining the committee's examination process and stakeholder consultation that led to the recommendation the bill be passed.
“The bill is important to literally thousands of Queenslanders who have suffered sexual abuse in government and non-government institutions. It provides those affected by the trauma with an avenue of redress.”— 2018-09-19View Hansard
Supported the bill while discussing the details of the redress scheme including eligibility for up to $150,000 and the importance of an apology for survivors.
“Survivors will be eligible for up to $150,000 in redress, an apology—and I think that is extremely important because that is where the real power lies.”— 2018-09-19View Hansard
Supported the bill while criticising the government for not providing sufficient detail of the Commonwealth legislation it adopts, questioning compensation amounts and the secrecy around assessment framework guidelines.
“The bill before the House continues to address one of the great dark sins of our time: the issue of child sexual abuse.”— 2018-09-19View Hansard
Supported the bill, acknowledging the enormous obstacles survivors faced and the importance of providing appropriate recognition and support.
“Many of these people were robbed of their childhood. They were betrayed and let down by people and institutions they should have been able to trust.”— 2018-09-19View Hansard
Supported the bill as a committee member, emphasising the government's commitment to ensuring victims of institutional child sexual abuse can access redress.
“This is an important policy that delivers on the government's commitment to ensure that victims of institutional child sexual abuse committed in Queensland are able to access redress through the Commonwealth government's national redress scheme.”— 2018-09-19View Hansard
Supported the bill with bipartisan enthusiasm, drawing on his experience as a Bravehearts board member.
“I am glad that both sides of the House have indicated their support for the national redress scheme as proposed.”— 2018-09-19View Hansard
Supported the bill while criticising the government for being slow to join the scheme, but expressed pride in finally bringing redress to Queensland survivors of institutional child sexual abuse.
“I am proud to stand in this parliament as an elected representative and finally bring redress to survivors of institutional child sexual abuse in Queensland.”— 2018-09-19View Hansard
Supported the bill, emphasising the importance of providing survivors with the support they deserve.
“Today is about allowing survivors—the victims who will forever carry the mental scars of this abuse—to receive the support they deserve.”— 2018-09-19View Hansard
Supported the legislation as providing a framework to make things better for survivors even if it cannot rewrite the past.
“That is why we support the legislation before the House which provides a framework to make things better today even if it cannot rewrite the past.”— 2018-09-19View Hansard
Spoke in support of the bill enabling Queensland's participation in the national redress scheme.
“I rise to speak in support of the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018.”— 2018-09-19View Hansard
Referenced Entities
Legislation
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Programs & Schemes
Sectors Affected
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