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senate vote 2021-02-15#16
Edited by
mackay staff
on
2022-07-15 10:24:24
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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 - Opposition amendments
Description
<p class="speaker">Louise Pratt</p><p>by leave—Unless any senator wants to change their vote from the vote on the last amendment, I now move opposition amendments (6), (7), (8), (9) and (10) on sheet 1196 together:</p>-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-02-15.236.1) moved by West Australian Senator [Louise Pratt](https://theyvoteforyou.org.au/people/senate/wa/louise_pratt) (Labor), which means they failed.
- The amendments related to:
- * an advance payment scheme for elderly and ill applicants;
- * a funders of last resort guarantee;
- * psychological counselling and support;
- * better recognising the impact of sexual abuse; and
- * requiring non -participating institutions to contribute to scheme.
<p class="italic">(6) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p><p class="italic">203 Advance payment scheme for elderly and ill applicants</p><p class="italic">(1) As soon as practicable after this section commences, the Minister must consider the action that needs to be taken so that, in appropriate circumstances, redress is payable to elderly or ill applicants in advance of their applications being approved.</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 have redress payable as 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"> <i>[advance payment scheme for elderly and ill applicants]</i></p><p class="italic">(7) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p><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"> <i>[funders of last resort guarantee]</i></p><p class="italic">(8) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p><p class="italic">205 Psychological counselling and support</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 necessary ongoing psychological counselling and support is given to persons who are entitled to redress under the scheme.</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 have psychological counselling and support given as 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"> <i>[psychological counselling and support]</i></p><p class="italic">(9) Schedule 1, item 51, page 18 (after line 30), at the end of Part 8-2, add:</p><p class="italic">206 Better recognising the impact of sexual abuse</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 have the assessment framework better recognise the impact of sexual abuse.</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 have the assessment framework better recognise the impact of sexual abuse; 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"> <i>[better recognising the impact of sexual abuse]</i></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">207 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:</p><p class="italic">(a) the action that needs to be taken to ensure that:</p><p class="italic">  (i) redress is payable under the scheme even if the institutions responsible for the abuse are non-participating institutions; and</p><p class="italic">  (ii) 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">  (iii) 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; and</p><p class="italic">(b) the action that needs to be taken to impose a levy on non-participating institutions that refuse to participate in the scheme despite being capable of doing so, in relation to abuse for which they are responsible, that is equal to the cost of the funding contribution that the non-participating institution would have been liable to pay had they 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 paragraph (1) (a); and</p><p class="italic">(b) the feasibility of imposing the levy mentioned in paragraph (1) (b); and</p><p class="italic">(c) if the Minister has not done, and does not plan to do, anything mentioned in paragraphs (1) (a) and (1) (b)—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>[requiring non</i> <i>-participating institutions to contribute to scheme]</i></p><p>It's my understanding that the pattern of votes will remain the same, and so I move those amendments together.</p><p class="italic">The CHAIR: The question is that opposition amendments (6) to (10) on sheet 1196, as moved by Senator Pratt, be agreed to.</p><p>Question negatived.</p><p>Bill agreed to.</p><p>Bill reported without amendments; report adopted.</p> -
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