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senate vote 2024-03-20#4
Edited by
mackay staff
on
2025-02-09 08:21:30
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Title
Bills — National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2023; in Committee- National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2023 - in Committee - Expand to current residents
Description
<p class="speaker">Lidia Thorpe</p><p>I move the request for amendment on sheet 2475 standing in my name:</p>-
- The majority voted against [request (1) on sheet 2475](https://www.openaustralia.org.au/senate/?gid=2024-03-20.32.1), which means it failed. It was introduced by Victorian Senator [Lidia Thorpe](https://theyvoteforyou.org.au/people/senate/victoria/lidia_thorpe) (Independent). The request was to put an amendment to the bill, as set out below. It would have extended the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 to people who currently reside in Australia. As it stands, the Scheme only applies to Australian citizens and permanent residents.
- ### Request text
- > *That the House of Representatives be requested to make the following amendment:*
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- > *(1)—Schedule 1, page 15 (after line 17), after Part 4, insert:*
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- > *Part 4B — Expanded access to redress*
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- > *National Redress Scheme for Institutional Child Sexual Abuse Act 2018*
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- > *19D Section 4 (paragraph (e) of the paragraph beginning "To be entitled to redress")*
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- >> *Omit "or a permanent resident", substitute ", a permanent resident or currently resides in Australia".*
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- > *19E Section 11 (paragraph beginning "Then the person must")*
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- >> *Omit "or a permanent resident", substitute ", a permanent resident or currently resides in Australia".*
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- > *19F Paragraph 13(1)(e)*
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- >> *Repeal the paragraph, substitute:*
- >>
- >>> *(e) the person is an Australian citizen or a permanent resident (within the meaning of the Australian Citizenship Act 2007), or a person who currently resides in Australia, at the time the person applies for redress.*
- > *Statement pursuant to the order of the Senate of 26 June 2000*
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- > *Amendment (1)*
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- >> *Amendment (1) is framed as a request because it amends the bill to expand the eligibility criteria for redress payable under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The effect of the amendment is to extend eligibility to persons who currently reside in Australia at the time they apply for redress, even if they are not an Australian citizen or a permanent resident.*
- >>
- >> *As the amendment is intended to increase the number of individuals that would be eligible to receive a redress payment, the amendment is likely to increase the expenditure under the standing appropriation in section 161 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.*
- > *Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000*
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- > *Amendment (1)*
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- >> *If the effect of the amendment is to increase expenditure under the standing appropriation in section 161 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.*
<p class="italic">That the House of Representatives be requested to make the following amendment:</p><p class="italic">(1) Schedule 1, page 15 (after line 17), after Part 4, insert:</p><p class="italic">Part 4B — Expanded access to redress</p><p class="italic"> <i>National Redress Scheme for Institutional Child Sexual Abuse Act 2018</i></p><p class="italic">19D Section 4 (paragraph (e) of the paragraph beginning "To be entitled to redress")</p><p class="italic">Omit "or a permanent resident", substitute ", a permanent resident or currently resides in Australia".</p><p class="italic">19E Section 11 (paragraph beginning "Then the person must")</p><p class="italic">Omit "or a permanent resident", substitute ", a permanent resident or currently resides in Australia".</p><p class="italic">19F Paragraph 13(1)(e)</p><p class="italic">Repeal the paragraph, substitute:</p><p class="italic">(e) the person is an Australian citizen or a permanent resident (within the meaning of the <i>Australian Citizenship Act 2007</i>), or a person who currently resides in Australia, at the time the person applies for redress.</p><p class="italic">2475-EM</p><p class="italic">National Redress Scheme for Institutional Child Sexual Abuse Amendment Bill 2023</p><p class="italic"> <i>(Request for an amendment to be moved by Senator Thorpe, in committee of the whole)</i></p><p class="italic">Statement pursuant to the order of.the Senate of 26 June 2000</p><p class="italic">Amendment (1)</p><p class="italic">Amendment (1) is framed as a request because it amends the bill to expand the eligibility criteria for redress payable under the <i>National Redress Scheme for Institutional Child Sexual Abuse Act 2018</i>. The effect of the amendment is to extend eligibility to persons who currently reside in Australia at the time they apply for redress, even if they are not an Australian citizen or a permanent resident.</p><p class="italic">As the amendment is intended to increase the number of individuals that would be eligible to receive a redress payment, the amendment is likely to increase the expenditure under the standing appropriation in section 161 of the <i>National Redress Scheme for Institutional Child Sexual Abuse Act 2018</i>.</p><p class="italic">Statement by the Clerk of the Senate pursuant   .to the order of the Senate of 26 June 2000</p><p class="italic">Amendment (1)</p><p class="italic">If the effect of the amendment is to increase expenditure under the standing appropriation in section 161 of the<i> National Redress Scheme for Institutional Child Sexual Abuse Act 2018</i> then it is in accordance with the precedents of the Senate that the amendment be moved as a request.</p><p>This requested amendment would allow noncitizens and non-permanent residents residing in Australia to have access to the scheme. The Parliamentary Joint Committee on Human Rights has noted that victims of violations of human rights within Australia's jurisdiction are entitled to a remedy irrespective of their residency or citizenship status.</p> <p class="speaker">David Shoebridge</p><p>I wish to indicate the Greens' support for Senator Thorpe's request for amendment. The idea that we would permit a scheme to operate where a child can be abused in an Australian institution, on shore in Australia, but, no matter how horrific or longstanding the abuse and no matter the circumstances, unless they are a citizen or permanent resident they cannot seek compensation under the Redress Scheme for that abuse is something that, surely, all of us should reflect upon and think is deeply unfair. The effect of Senator Thorpe's requested amendment, which we support, is to say that, if you're a child and you've been abused in an Australian run institution in Australia, regardless of your nationality, your citizenship or your immigration status, you should have a right to apply to the Redress Scheme for fair compensation. That's a pretty fundamental principle that the Greens support and, for those reasons, we endorse the request.</p> <p class="speaker">Tim Ayres</p><p>I indicate the government's position in relation to that again and add at the beginning our blanket approach. In relation to the merits of this particular proposition, the government does not support the request for amendment. The scheme's eligibility criteria include that a person is an Australian citizen or permanent resident at the time that they apply for redress. The government, in conjunction with all of the state and territory governments as partners in the scheme, considered this eligibility criterion in response to the second-year review of the scheme. As a result of that consideration, which went into quite some detail, and with the agreement of each of the state and territory governments, the government has amended the National Redress Scheme for Institutional Child Sexual Abuse Rules 2018 to enable former child migrants who are not Australian citizens or permanent residents to apply to the scheme. So that change has been made as a result of that detailed consideration following the second-year review of the scheme.</p><p>Former child migrants are a group of survivors known to be affected by the citizenship and residency criteria, and that change enables access to redress for that group of survivors who experienced institutional child sexual abuse in Australia and helps to hold the relevant institutions to account. All of the governments have agreed to further consider other noncitizen and non-permanent-resident groups, but we're not in a position to make any expansion to the scheme's eligibility criteria in relation to this bill without further consideration and agreement from all of the jurisdictions who are partners in the scheme.</p> <p class="speaker">Glenn Sterle</p><p>The question is that Senator Thorpe's request (1) on sheet 2475 be agreed to.</p><p></p><p></p> -
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