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representatives vote 2021-02-04#7
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mackay staff
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2021-04-02 13:59:42
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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 - Name institutions
Description
<p class="speaker">Linda Burney</p><p>I move opposition amendment (1) circulated in my name:</p><p class="italic">(1) Schedule 1, page 15 (after line 13), after Part 6, insert:</p>- The majority voted in favour of *disagreeing* with an [amendment](https://www.openaustralia.org.au/debate/?id=2021-02-04.39.2) 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 amendment](https://www.openaustralia.org.au/debate/?id=2021-02-04.39.2):
- > *This amendment will introduce a requirement that the minister name any institution that refuses to join the Redress Scheme within six months of an application for redress being received. I acknowledge that this is the government's policy and that the government made a change late last year to allow for the removal of an institution's charitable status after six months if it does not join the scheme. It is a change that was made after significant pressure from survivors and from Labor. But this is not guaranteed; it requires proactive management by the government. I have no doubt that the minister will do the right thing here. However, the naming of redress dodgers should be something that is automatic and guaranteed.*
- ### Amendment text
- > *(1) Schedule 1, page 15 (after line 13), after Part 6, insert:*
- >
- > *Part 6A — Naming and shaming non - participating institutions*
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- > *National Redress Scheme for Institutional Child Sexual Abuse Act 2018*
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- > *48A At the end of Division 3 of Part 5 - 1*
- >
- > *Add:*
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- >> *116A Naming and shaming non - participating institutions*
- >>
- >> *(1) This section applies to a non-government institution if:*
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- >> *(a) either:*
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- >>> *(i) an application made under section 19 identifies the institution as being involved in the abuse of a person; or*
- >>>
- >>> *(ii) information given in response to a request under section 24 or 25, in relation to an application made under section 19, identifies the institution as being involved in the abuse of a person; and*
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- >> *(b) the application has not been withdrawn under section 22; and*
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- >> *(c) the institution is not a participating non-government institution.*
- >>
- >> *(2) If the institution refuses to participate in the scheme, the Minister must publish a notice stating that, despite the matters mentioned in paragraphs (1)(a) and (b), the institution refuses to participate in the scheme.*
- >>
- >> *Institution has 6 months to becoming participating after first application etc. that identifies institution*
- >>
- >> *(3) The Minister must not publish a notice under subsection (2) in relation to the institution until the end of 6 months after the first time subparagraph (1)(a)(i) or (ii) applies in relation to the institution.*
<p class="italic">Part 6A — Naming and shaming non - participating institutions</p><p class="italic"> <i>National Redress Scheme for Institutional Child Sexual Abuse Act 2018</i></p><p class="italic">48A At the end of Division 3 of Part 5 - 1</p><p class="italic">Add:</p><p class="italic">116A Naming and shaming non - participating institutions</p><p class="italic">(1) This section applies to a non-government institution if:</p><p class="italic">(a) either:</p><p class="italic">(i) an application made under section 19 identifies the institution as being involved in the abuse of a person; or</p><p class="italic">(ii) information given in response to a request under section 24 or 25, in relation to an application made under section 19, identifies the institution as being involved in the abuse of a person; and</p><p class="italic">(b) the application has not been withdrawn under section 22; and</p><p class="italic">(c) the institution is not a participating non-government institution.</p><p class="italic">(2) If the institution refuses to participate in the scheme, the Minister must publish a notice stating that, despite the matters mentioned in paragraphs (1)(a) and (b), the institution refuses to participate in the scheme.</p><p class="italic"> <i>Institution has 6 months to becoming participating after first application etc. that identifies institution</i></p><p class="italic">(3) The Minister must not publish a notice under subsection (2) in relation to the institution until the end of 6 months after the first time subparagraph (1)(a)(i) or (ii) applies in relation to the institution.</p><p>This amendment will introduce a requirement that the minister name any institution that refuses to join the Redress Scheme within six months of an application for redress being received. I acknowledge that this is the government's policy and that the government made a change late last year to allow for the removal of an institution's charitable status after six months if it does not join the scheme. It is a change that was made after significant pressure from survivors and from Labor. But this is not guaranteed; it requires proactive management by the government. I have no doubt that the minister will do the right thing here. However, the naming of redress dodgers should be something that is automatic and guaranteed. This amendment should be supported by the government. It is in line with their position. It is simply unacceptable that institutions do not attempt to join the scheme. They have a moral duty: participating in redress is part of an institution's social licence, and any organisation that does not participate should face the full glare of the Australian community.</p> <p class="speaker">Tony Smith</p><p>The question is that amendment (1) be disagreed to.</p>
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