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senate vote 2021-02-15#15

Edited by mackay staff

on 2022-07-22 11:10:58

Title

  • Bills — National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020; in Committee
  • National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020 - in Committee - Deducting prior payments safeguards

Description

  • <p class="speaker">Louise Pratt</p>
  • <p>I move opposition amendment (5) on sheet 1196:</p>
  • The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-02-15.234.1) introduced by West Australian Senator [Louise Pratt](https://theyvoteforyou.org.au/people/senate/wa/louise_pratt) (Labor), which means it failed.
  • She [explained that](https://www.openaustralia.org.au/senate/?gid=2021-02-15.234.1) the amendment would:
  • > *make sure that, if there's any doubt about whether a prior payment relates to sexual abuse, the scheme should err on the side of the applicant and not deduct payments from redress.*
  • ### Amendment text
  • > *(5) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:*
  • >
  • > *202 Deducting prior payments—safeguards*
  • >
  • > *(1) As soon as practicable after this section commences, the Minister must consider the action that needs to be taken to ensure that prior payments are deducted from redress payments only if, and only to the extent that, it is proven that the prior payments are relevant prior payments.*
  • >
  • > *(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">(5) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p>
  • <p class="italic">202 Deducting prior payments&#8212;safeguards</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 prior payments are deducted from redress payments only if, and only to the extent that, it is proven that the prior payments are relevant prior payments.</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&#8212;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"> <i>[deducting prior payments&#8212;safeguards]</i></p>
  • <p>This amendment is to make sure that, if there's any doubt about whether a prior payment relates to sexual abuse, the scheme should err on the side of the applicant and not deduct payments from redress.</p>
  • <p class="italic">The CHAIR: The question is that opposition amendment (5) on sheet 1196, as moved by Senator Pratt, be agreed to.</p>
  • <p>The committee divided. [21:44]</p>
  • <p>(The Chair&#8212;Senator Lines)</p>
  • <p>Question negatived.</p>