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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 -- Adoption and referral 4. Adoption of the relevant version of the National Redress Act 3 5. Amendment reference 3 6. Amendment of National Redress Act 4 7. State redress mechanisms 4 8. Requirements for agreement of the State 5 9. Termination of adoption or amendment reference 6 10. Effect of termination of amendment reference before adoption 6 Part 3 -- Agreement and information 11. How agreement of the State is given, withdrawn and evidenced 8 12. Information sharing 8 Part 4 -- Interaction between the Criminal Injuries Compensation Act 2003 and the National Redress Act 13. Terms used 10 89--1 page i National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Contents 14. No entitlement to compensation under the Criminal Injuries Compensation Act 2003 if redress payment accepted 10 15. Deferral of compensation application if redress application not made in relation to abuse 11 16. Effect on compensation application if redress application made 11 Part 5 -- Regulations 17. Regulations 13 Defined terms page ii Western Australia LEGISLATIVE ASSEMBLY National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 A Bill for An Act -- • to adopt the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) as originally enacted and as subsequently amended by any amendments enacted by the Parliament of the Commonwealth at any time before the day on which this Act receives the Royal Assent for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; 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 Constitution of the Commonwealth; and • for related matters. The Parliament of Western Australia enacts as follows: page 1 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the National Redress Scheme for Institutional Child 4 Sexual Abuse (Commonwealth Powers) Act 2018. 5 2. Commencement 6 This Act comes into operation on the day on which it receives 7 the Royal Assent. 8 3. Terms used 9 In this Act -- 10 adoption means the adoption under section 4(2); 11 amendment reference means the reference under section 5(1); 12 assent day means the day referred to in section 2; 13 express amendment of the National Redress Act means the 14 direct amendment of the text of that Act (whether by the 15 insertion, omission, repeal, substitution or relocation of words 16 or matter) by another Commonwealth Act or by an instrument 17 under a Commonwealth Act, but does not include the enactment 18 by a Commonwealth Act of a provision that has or will have 19 substantive effect otherwise than as part of the text of the 20 National Redress Act; 21 National Redress Act means the National Redress Scheme for 22 Institutional Child Sexual Abuse Act 2018 (Commonwealth); 23 National Redress Scheme means the National Redress Scheme 24 for Institutional Child Sexual Abuse as established by the 25 National Redress Act and as in force from time to time; 26 participating State institution means a participating State 27 institution within the meaning of the National Redress Act; 28 State institution means a State institution within the meaning of 29 the National Redress Act. page 2 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Adoption and referral Part 2 s. 4 1 Part 2 -- Adoption and referral 2 4. Adoption of the relevant version of the National Redress Act 3 (1) In this section -- 4 relevant version of the National Redress Act means the 5 National Redress Act as originally enacted and as subsequently 6 amended by any amendments enacted by the Parliament of the 7 Commonwealth at any time before the assent day. 8 (2) The relevant version of the National Redress Act is adopted 9 within the meaning of section 51(xxxvii) of the Constitution of 10 the Commonwealth. 11 (3) Despite subsection (2), the adoption has effect for, and for no 12 longer than, the period -- 13 (a) beginning when subsection (2) comes into operation; 14 and 15 (b) ending at the beginning of the day fixed under this Part 16 as the day on which the adoption is to terminate. 17 5. Amendment reference 18 (1) Matters relating to a redress scheme for institutional child 19 sexual abuse are, except as provided by sections 7 and 8, 20 referred to the Parliament of the Commonwealth, but only to the 21 extent of making laws with respect to those matters by making 22 express amendments of the National Redress Act. 23 (2) The amendment reference has effect only -- 24 (a) if and to the extent that the matter is not included in the 25 legislative powers of the Parliament of the 26 Commonwealth (otherwise than by a reference for the 27 purposes of section 51(xxxvii) of the Constitution of the 28 Commonwealth); and 29 (b) if and to the extent that the matter is included in the 30 legislative powers of the Parliament of the State. page 3 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Part 2 Adoption and referral s. 6 1 (3) Despite subsection (1) and subject to section 10(2), the 2 amendment reference has effect for, and for no longer than, the 3 period -- 4 (a) beginning when subsection (1) comes into operation; 5 and 6 (b) ending at the beginning of the day fixed under this Part 7 as the day on which the reference is to terminate. 8 6. Amendment of National Redress Act 9 It is the intention of the Parliament of the State that the National 10 Redress Act may be expressly amended, or have its operation 11 otherwise affected, at any time after the commencement of this 12 Act -- 13 (a) by provisions of Commonwealth Acts the operation of 14 which is based on legislative powers that the Parliament 15 of the Commonwealth has apart from under the 16 amendment reference; and 17 (b) by provisions of instruments made or issued under the 18 National Redress Act or under provisions referred to in 19 paragraph (a). 20 7. State redress mechanisms 21 (1) A State redress mechanism is -- 22 (a) a scheme, program or arrangement (temporary or 23 otherwise) established (before or after the 24 commencement of this Act) by -- 25 (i) the Parliament or government of the State; or 26 (ii) an institution (whether governmental or 27 non-governmental) or other entity, 28 for or in respect of persons who have suffered 29 institutional child sexual abuse in the State (whether 30 applying only to any such persons or applying to any 31 class of victims of crime) and any associated matters; or page 4 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Adoption and referral Part 2 s. 8 1 (b) the jurisdiction of a court or tribunal to grant 2 compensation or support for or in respect of victims of 3 crime (including crime relating to institutional child 4 sexual abuse) and any associated matters. 5 (2) The amendment reference does not include the matter of making 6 a law to the extent that that law would operate to prevent or 7 limit the power to establish, or to prevent or limit the operation 8 of, any State redress mechanism, whether or not the mechanism 9 deals with the same or similar subject-matters as those dealt 10 with in any aspect of the National Redress Scheme. 11 (3) Subsection (2) does not cover any of the following matters (if 12 they would otherwise be covered by the amendment 13 reference) -- 14 (a) any matter to which the National Redress Act as 15 originally enacted relates; 16 (b) the matter of the release or discharge, in connection with 17 the operation of the National Redress Scheme, of 18 relevant civil liability of institutions or officials; 19 (c) the matter of the disclosure or use of evidence or other 20 information provided or obtained in connection with the 21 operation of the National Redress Scheme; 22 (d) the matter of the making, enforcement or protection (for 23 example, protection against the operation of orders in 24 the nature of garnishee orders) of payments in 25 connection with the operation of the National Redress 26 Scheme. 27 8. Requirements for agreement of the State 28 The amendment reference does not include the matter of making 29 a law to the extent that that law would substantively remove or 30 override a provision of the National Redress Act that requires 31 the agreement of the State. page 5 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Part 2 Adoption and referral s. 9 1 9. Termination of adoption or amendment reference 2 (1) The Governor may, at any time, by proclamation, fix a day as 3 the day on which -- 4 (a) the adoption and the amendment reference are to 5 terminate; or 6 (b) the amendment reference is to terminate; or 7 (c) the adoption is to terminate (if the amendment reference 8 has been previously terminated). 9 (2) The Governor may, by proclamation (a revoking proclamation), 10 revoke a proclamation published under subsection (1). 11 (3) A revoking proclamation has effect only if published before the 12 day fixed under subsection (1). 13 (4) If a revoking proclamation has effect the revoked proclamation 14 is taken never to have been made for the purposes of 15 sections 4(3) and 5(3). 16 (5) A revoking proclamation does not prevent the making of a 17 further proclamation under subsection (1). 18 10. Effect of termination of amendment reference before 19 adoption 20 (1) If the amendment reference terminates before the adoption, the 21 termination of the amendment reference does not affect -- 22 (a) laws that were made under that reference before that 23 termination (whether or not they have come into 24 operation before that termination); or 25 (b) the continued operation in the State of the National 26 Redress Act as in operation immediately before that 27 termination or as subsequently amended or affected 28 by -- 29 (i) laws referred to in paragraph (a) that come into 30 operation after that termination; or 31 (ii) provisions referred to in section 6. page 6 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Adoption and referral Part 2 s. 10 1 (2) Accordingly, the amendment reference continues to have effect 2 for the purposes of subsection (1) unless the adoption is 3 terminated. page 7 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Part 3 Agreement and information s. 11 1 Part 3 -- Agreement and information 2 11. How agreement of the State is given, withdrawn and 3 evidenced 4 (1) The regulations may make provision for or with respect to, or 5 (subject to any relevant provisions of the regulations) the 6 Minister may give directions as to, how the agreement of the 7 State is to be given or withdrawn and may be evidenced for the 8 purposes of, and consistently with, this Act and the National 9 Redress Scheme. 10 (2) Without limitation -- 11 (a) the regulations or directions may authorise a person to 12 give agreement on behalf of the State; and 13 (b) the agreement of the State to State institutions 14 participating in the National Redress Scheme may be 15 given in respect of -- 16 (i) one or more particular State institutions; or 17 (ii) a class of State institutions, however described. 18 12. Information sharing 19 (1) In this section -- 20 Operator means the Operator within the meaning of the 21 National Redress Act; 22 State agency means the whole or part of a body (whether or not 23 incorporated) established for a public purpose by or under a law 24 of the State, whether or not it is a State institution or 25 participating State institution, and includes a body or class of 26 bodies prescribed by the regulations as being within this 27 definition, but does not include a body or class of bodies 28 prescribed by the regulations as not being within this definition. 29 (2) A participating State institution may give information to the 30 Operator for the purpose of complying with a request made by 31 the Operator to the participating State institution under the page 8 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Agreement and information Part 3 s. 12 1 National Redress Act to give information in relation to an 2 application under the National Redress Scheme. 3 (3) A State agency may give information to another State agency 4 for the purpose of assisting any participating State institution to 5 comply with a request made by the Operator to the participating 6 State institution under the National Redress Act to give 7 information as referred to in subsection (2). 8 (4) Nothing in a law of the State prevents -- 9 (a) a participating State institution from giving information 10 to the Operator as referred to in subsection (2); or 11 (b) a State agency from giving information to another State 12 agency as referred to in subsection (3), 13 unless that law is prescribed by the regulations under this Act. 14 (5) A reference in this section to a participating State institution is a 15 reference to a participating State institution that is, is part of or 16 is connected with the State. page 9 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Part 4 Interaction between the Criminal Injuries Compensation Act 2003 and the National Redress Act s. 13 1 Part 4 -- Interaction between the Criminal Injuries 2 Compensation Act 2003 and the National Redress Act 3 13. Terms used 4 In this Part -- 5 abuse means abuse as defined in the National Redress Act 6 section 6 that is within the scope of the National Redress 7 Scheme; 8 assessor has the meaning given in the Criminal Injuries 9 Compensation Act 2003 section 3; 10 compensation application has the meaning given in the 11 Criminal Injuries Compensation Act 2003 section 3; 12 offence has the meaning given in the Criminal Injuries 13 Compensation Act 2003 section 3; 14 redress application means an application for redress made 15 under the National Redress Act; 16 redress offer means an offer of redress made under the National 17 Redress Act; 18 redress payment has the meaning given in the National Redress 19 Act section 6. 20 14. No entitlement to compensation under the Criminal Injuries 21 Compensation Act 2003 if redress payment accepted 22 A person is not entitled to an award of compensation under the 23 Criminal Injuries Compensation Act 2003 in relation to an 24 offence if the offence is or involves abuse and the person has 25 accepted the redress payment component of a redress offer in 26 relation to the abuse. page 10 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Interaction between the Criminal Injuries Compensation Act Part 4 2003 and the National Redress Act s. 15 1 15. Deferral of compensation application if redress application 2 not made in relation to abuse 3 (1) This section applies if -- 4 (a) a person has made a compensation application in 5 relation to an offence; and 6 (b) the offence for which the compensation application is 7 made is or involves abuse; and 8 (c) the person has not made a redress application; and 9 (d) the assessor dealing with the compensation application 10 by or on behalf of a person is of the opinion there is a 11 reasonable likelihood that the person is eligible for 12 redress under the National Redress Scheme. 13 (2) The assessor must defer the compensation application pending 14 the making of a redress application. 15 16. Effect on compensation application if redress application 16 made 17 (1) This section applies if -- 18 (a) after a person has made a redress application the person 19 makes a compensation application in relation to an 20 offence and -- 21 (i) the offence in relation to which the person makes 22 the compensation application is or involves 23 abuse; and 24 (ii) the redress application has not been determined; 25 or 26 (b) after a person has made a compensation application in 27 relation to an offence the person makes a redress 28 application and -- 29 (i) the offence in relation to which the person made 30 the compensation application is or involves 31 abuse; and page 11 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Part 4 Interaction between the Criminal Injuries Compensation Act 2003 and the National Redress Act s. 16 1 (ii) the compensation application has not been 2 determined. 3 (2) The assessor dealing with the compensation application by or on 4 behalf of a person must defer the compensation application 5 pending the determination of the redress application. 6 (3) If the person accepts the redress payment component of a 7 redress offer, the compensation application is taken to be 8 refused. page 12 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Regulations Part 5 s. 17 1 Part 5 -- Regulations 2 17. Regulations 3 The Governor may make regulations, not inconsistent with this 4 Act, for or with respect to any matter that by this Act is required 5 or permitted to be prescribed or that is necessary or convenient 6 to be prescribed for carrying out or giving effect to this Act. 7 page 13 National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) abuse ................................................................................................................... 13 adoption ................................................................................................................ 3 amendment reference ............................................................................................ 3 assent day .......................................................................................................... 2, 3 assessor ............................................................................................................... 13 compensation application.................................................................................... 13 express amendment ............................................................................................... 3 National Redress Act ............................................................................................ 3 National Redress Scheme ..................................................................................... 3 offence ................................................................................................................ 13 Operator ......................................................................................................... 12(1) participating State institution ................................................................................ 3 redress application .............................................................................................. 13 redress offer ........................................................................................................ 13 redress payment .................................................................................................. 13 relevant version of the National Redress Act ................................................... 4(1) revoking proclamation ..................................................................................... 9(2) State agency ................................................................................................... 12(1) State institution ..................................................................................................... 3 State redress mechanism .................................................................................. 7(1)
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