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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
National Redress Scheme for Institutional Child Sexual
Abuse (Commonwealth Powers) Bill 2018
A BILL FOR
An Act to adopt the National Redress Act, and 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 Commonwealth Constitution, and to provide for related matters.
Contents
4Adoption of the relevant
version of the National Redress Act
6Amendment of National
Redress Act
8Requirements for agreement
of the State
9Termination of adoption or amendment
reference
10Effect of termination of
amendment reference before adoption
11How agreement of the State is given, withdrawn
and evidenced
The Parliament of South Australia enacts as
follows:
This Act may be cited as the National Redress Scheme for Institutional
Child Sexual Abuse (Commonwealth Powers) Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
adoption means the adoption under
section 4(1)
;
amendment reference means the reference under
section 5(1)
;
assent day means the day on which this Act is assented to by
the Governor;
express amendment of the National Redress Act means the
direct amendment of the text of that Act (whether by the insertion, omission,
repeal, substitution or relocation of words or matter) by another Commonwealth
Act or by an instrument under a Commonwealth Act, but does not include the
enactment by a Commonwealth Act of a provision that has or will have substantive
effect otherwise than as part of the text of the National Redress Act;
National Redress Act means the National Redress Scheme for
Institutional Child Sexual Abuse Act 2018 of the Commonwealth as in force
from time to time;
National Redress Scheme means the National Redress Scheme for
Institutional Child Sexual Abuse as established by the National Redress Act and
as in force from time to time;
participating State institution means a participating State
institution within the meaning of the National Redress Act;
relevant version of the National Redress Act means the
National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of
the Commonwealth as originally enacted and as subsequently amended by any
amendments enacted by the Parliament of the Commonwealth at any time before the
assent day;
State institution means a State institution within the
meaning of the National Redress Act.
4—Adoption
of the relevant version of the National Redress Act
(1) The relevant
version of the National Redress Act is adopted within the meaning of section
51(xxxvii) of the Constitution of the Commonwealth.
(2) Despite
subsection (1)
, the adoption has effect for, and for no longer than, the
period—
(a) beginning when
subsection (1)
comes into operation; and
(b) ending at the beginning of the day fixed under this Part as the day on
which the adoption is to terminate.
(1) Matters relating to
a redress scheme for institutional child sexual abuse are, except as provided by
sections 7
and
8
, referred to the Parliament of the Commonwealth, but only to the extent of
making laws with respect to those matters by making express amendments of the
National Redress Act.
(2) The amendment reference has effect only—
(a) if and to the extent that the matter is not included in the
legislative powers of the Parliament of the Commonwealth (otherwise than by a
reference for the purposes of section 51(xxxvii) of the Constitution of the
Commonwealth); and
(b) if and to the extent that the matter is included in the legislative
powers of the Parliament of the State.
(3) Despite
subsection (1)
and subject to
section 10(2)
, the amendment reference has effect for, and for no longer than, the
period—
(a) beginning when
subsection (1)
comes into operation; and
(b) ending at the beginning of the day fixed under this Part as the day on
which the reference is to terminate.
6—Amendment
of National Redress Act
It is the intention of the Parliament of the State that the National
Redress Act may be expressly amended, or have its operation otherwise affected,
at any time after the commencement of this Act—
(a) by provisions of
Commonwealth Acts the operation of which is based on legislative powers that the
Parliament of the Commonwealth has apart from under the amendment reference;
and
(b) by provisions of instruments made or issued under the National Redress
Act or under provisions referred to in
paragraph (a)
.
(1) A State redress mechanism is—
(a) a scheme, program or arrangement (temporary or otherwise) established
(before or after the commencement of this Act) by—
(i) the Parliament or government of the State; or
(ii) an institution (whether governmental or non-governmental) or other
entity,
for or in respect of persons who have suffered institutional child sexual
abuse in the State (whether applying only to any such persons or applying to any
class of victims of crime) and any associated matters; or
(b) 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) and any associated matters.
(2) The amendment
reference does not include the matter of making a law to the extent that that
law would operate to prevent or limit the power to establish, or to prevent or
limit the operation of, any State redress mechanism, whether or not the
mechanism deals with the same or similar subject-matters as those dealt with in
any aspect of the National Redress Scheme.
(3)
Subsection (2)
does not cover any of the following matters (if they would otherwise be
covered by the amendment reference):
(a) any matter to which the National Redress Scheme for Institutional
Child Sexual Abuse Act 2018 of the Commonwealth, as originally enacted,
relates;
(b) the matter of the release or discharge, in connection with the
operation of the National Redress Scheme, of relevant civil liability of
institutions or officials;
(c) the matter of the disclosure or use of evidence or other information
provided or obtained in connection with the operation of the National Redress
Scheme;
(d) the matter of the making, enforcement or protection (for example,
protection against the operation of orders in the nature of garnishee orders) of
payments in connection with the operation of the National Redress
Scheme.
8—Requirements
for agreement of the State
The amendment reference does not include the matter of making a law to the
extent that that law would substantively remove or override a provision of the
National Redress Act that requires the agreement of the State.
9—Termination
of adoption or amendment reference
(1) The Governor may,
at any time, by proclamation, fix a day as the day on which—
(a) the adoption and the amendment reference are to terminate;
or
(b) the amendment reference is to terminate; or
(c) the adoption is to terminate (if the amendment reference has been
previously terminated).
(2) The Governor may, by proclamation (a revoking
proclamation), revoke a proclamation published under
subsection (1)
.
(3) A revoking proclamation has effect only if published before the day
fixed under
subsection (1)
.
(4) If a revoking proclamation has effect the revoked proclamation is
taken never to have been made for the purposes of
sections 4(2)
and
5(3)
.
(5) A revoking proclamation does not prevent the making of a further
proclamation under
subsection (1)
.
10—Effect
of termination of amendment reference before adoption
(1) If the amendment
reference terminates before the adoption, the termination of the amendment
reference does not affect—
(a) laws that were made
under that reference before that termination (whether or not they have come into
operation before that termination); or
(b) the continued operation in the State of the National Redress Act as in
operation immediately before that termination or as subsequently amended or
affected by—
(i) laws referred to in
paragraph (a)
that come into operation after that termination; or
(ii) provisions referred to in
section 6
.
(2) Accordingly, the
amendment reference continues to have effect for the purposes of
subsection (1)
unless the adoption is terminated.
11—How
agreement of the State is given, withdrawn and evidenced
(1) The regulations may make provision for or with respect to, or (subject
to any relevant provisions of the regulations) the Minister may 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, this Act and the National
Redress Scheme.
(2) Without limitation—
(a) the regulations or directions may authorise a person to give agreement
on behalf of the State; and
(b) the agreement of the State to State institutions participating in the
National Redress Scheme may be given in respect of—
(i) 1 or more particular State institutions; or
(ii) a class of State institutions, however described.
(1) In this section—
Operator means the Operator within the meaning of the
National Redress Act;
State agency means the whole or part of a body (whether or
not incorporated) established for a public purpose by or under a law of the
State, whether or not it is a State institution or participating State
institution, and includes a body or class of bodies prescribed by the
regulations as being within this definition, but does not include a body or
class of bodies prescribed by the regulations as not being within this
definition.
(2) A participating
State institution may give information to the Operator for the purpose of
complying with a request made by the Operator to the participating State
institution under the National Redress Act to give information in relation to an
application under the National Redress Scheme.
(3) A State agency may
give information to another State agency for the purpose of assisting any
participating State institution to comply with a request made by the Operator to
the participating State institution under the National Redress Act to give
information as referred to in
subsection (2)
.
(4) Nothing in a law of the State prevents—
(a) a participating State institution from giving information to the
Operator as referred to in
subsection (2)
; or
(b) a State agency from giving information to another State agency as
referred to in
subsection (3)
,
unless that law is prescribed by the regulations under this Act.
(5) A reference in this section to a participating State institution is a
reference to a participating State institution that is, is part of or is
connected with the State.
The Governor may make regulations, not inconsistent with this Act, for or
with respect to any matter that by this Act is required or permitted to be
prescribed or that is necessary or convenient to be prescribed for carrying out
or giving effect to this Act.