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representatives vote 2021-02-04#11
Edited by
mackay staff
on
2021-04-02 14:30:35
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Title
Bills — National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020; Consideration in Detail- National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020 - Consideration in Detail - Ensuring payment
Description
<p class="speaker">Linda Burney</p><p>by leave—I move opposition amendments (6) and (10) as circulated in my name:</p><p class="italic">(6) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p>- The majority voted in favour of *disagreeing* with [amendments](https://www.openaustralia.org.au/debate/?id=2021-02-04.48.1) introduced by Barton MP [Linda Burney](https://theyvoteforyou.org.au/people/representatives/barton/linda_burney) (Labor), which means it failed.
- MP Burney explained the [purpose of the amendments](https://www.openaustralia.org.au/debate/?id=2021-02-04.48.1):
- > *Amendment (6) will make sure that no-one misses out on redress. If an old organisation that has folded no longer has any links to a continuing organisation, or if an organisation generally does not have the resources to participate in the scheme, government should make sure that the redress is paid as funder of last resort. Amendment (10) requires non-participating organisations to participate. This amendment will make sure that, if an organisation refuses to participate in the scheme or deliberately restructures their assets so as to appear they can't participate, the government will be able to get funds from the organisation by order to pay redress. This could take the form of a levy or collection through the tax system. It is unacceptable for organisations to refuse to participate or hide assets, and they must pay redress to those they have hurt.*
- ### Amendment text
- > *(6) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:*
- >
- >> *204 Funders of last resort guarantee*
- >>
- >> *(1) As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that, for each non-government institution that:*
- >>
- >>> *(a) is responsible for the abuse of a person; and*
- >>>
- >>> *(b) is not a participating institution; and*
- >>>
- >>> *(c) either:*
- >>>
- >>>> *(i) is a defunct institution; or*
- >>>>
- >>>> *(ii) because of the institution's financial situation, cannot participate in the scheme;*
- >>>
- >>> *there is a government institution that is liable for what the non-government institution would have been liable to pay in relation to a person had the non-government institution been a participating institution.*
- >>
- >> *(2) Within 90 days after this section commences, the Minister must prepare a report on:*
- >>
- >>> *(a) what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or*
- >>>
- >>> *(b) if the Minister has not done, and does not plan to do, anything—the Minister's reasons for this.*
- >>
- >> *(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.*
- >>
- >> *(4) In this section:*
- >>
- >>> *action includes amending this Act, an instrument made under this Act, or any other law.*
- >
- > *(10) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:*
- >
- >> *208 Requiring non -participating institutions to contribute to scheme*
- >>
- >> *(1) As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that:*
- >>
- >>> *(a) redress is payable under the scheme even if the institutions responsible for the abuse are non-participating institutions; and*
- >>>
- >>> *(b) non-participating institutions that refuse to participate in the scheme despite being capable of doing so are required to contribute to the scheme, in relation to abuse for which they are responsible, to the same extent as participating institutions; and*
- >>>
- >>> *(c) in particular, attempts by non-participating institutions to evade their obligations in relation to abuse, such as by restructuring to shield assets, are not successful.*
- >>
- >> *(2) Within 90 days after this section commences, the Minister must prepare a report on:*
- >>
- >>> *(a) what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or*
- >>>
- >>> *(b) if the Minister has not done, and does not plan to do, anything—the Minister's reasons for this.*
- >>
- >> *(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.*
- >>
- >> *(4) In this section:*
- >>
- >>> *action includes amending this Act, an instrument made under this Act, or any other law.*
<p class="italic">204 Funders of last resort guarantee</p><p class="italic">(1) As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that, for each non-government institution that:</p><p class="italic">(a) is responsible for the abuse of a person; and</p><p class="italic">(b) is not a participating institution; and</p><p class="italic">(c) either:</p><p class="italic">  (i) is a defunct institution; or</p><p class="italic">  (ii) because of the institution's financial situation, cannot participate in the scheme;</p><p class="italic">there is a government institution that is liable for what the non-government institution would have been liable to pay in relation to a person had the non-government institution been a participating institution.</p><p class="italic">(2) Within 90 days after this section commences, the Minister must prepare a report on:</p><p class="italic">(a) what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or</p><p class="italic">(b) if the Minister has not done, and does not plan to do, anything—the Minister's reasons for this.</p><p class="italic">(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.</p><p class="italic">(4) In this section:</p><p class="italic"><i>action</i> includes amending this Act, an instrument made under this Act, or any other law.</p><p class="italic">(10) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p><p class="italic">208 Requiring non -participating institutions to contribute to scheme</p><p class="italic">(1) As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that:</p><p class="italic">(a) redress is payable under the scheme even if the institutions responsible for the abuse are non-participating institutions; and</p><p class="italic">(b) non-participating institutions that refuse to participate in the scheme despite being capable of doing so are required to contribute to the scheme, in relation to abuse for which they are responsible, to the same extent as participating institutions; and</p><p class="italic">(c) in particular, attempts by non-participating institutions to evade their obligations in relation to abuse, such as by restructuring to shield assets, are not successful.</p><p class="italic">(2) Within 90 days after this section commences, the Minister must prepare a report on:</p><p class="italic">(a) what the Minister has done, or plans to do, to ensure the result mentioned in subsection (1); or</p><p class="italic">(b) if the Minister has not done, and does not plan to do, anything—the Minister's reasons for this.</p><p class="italic">(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament on or before the first sitting day of that House after the end of those 90 days.</p><p class="italic">(4) In this section:</p><p class="italic"><i>action</i> includes amending this Act, an instrument made under this Act, or any other law.</p><p>Amendment (6) will make sure that no-one misses out on redress. If an old organisation that has folded no longer has any links to a continuing organisation, or if an organisation generally does not have the resources to participate in the scheme, government should make sure that the redress is paid as funder of last resort. Amendment (10) requires non-participating organisations to participate. This amendment will make sure that, if an organisation refuses to participate in the scheme or deliberately restructures their assets so as to appear they can't participate, the government will be able to get funds from the organisation by order to pay redress. This could take the form of a levy or collection through the tax system. It is unacceptable for organisations to refuse to participate or hide assets, and they must pay redress to those they have hurt.</p> <p class="speaker">Rob Mitchell</p><p>This is one of the most serious issues we can face in this parliament—supporting the victims of child sexual abuse. The government should come here and actually answer the question of why they're refusing—not sitting during divisions and saying, 'We've made a decision, bad luck, get on with it and stop wasting the parliament's time.' It's one of most important things we can do. So my challenge to the government is: stand up and defend your decisions. Why are you going against the royal commission? And why are you going against these very reasonable amendments?</p> <p class="speaker">Tony Smith</p><p>The question is that amendments (6) and (10) be disagreed to.</p>
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