Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE (COMMONWEALTH POWERS) BILL 2018

                      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   How agreement of the State is given, withdrawn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)




page 14

 


[Index] [Search] [Download] [Related Items] [Help]