Victorian Government Policy on Institutional Participation in the National Redress Scheme for Institutional Child Sexual Abuse

1. About the National Redress Scheme for Institutional Child Sexual Abuse

The National Redress Scheme for Institutional Child Sexual Abuse (Scheme) was established in response to recommendations by the Royal Commission into Institutional Responses to Child Sexual Abuse.

Administered by the Commonwealth Department of Social Services (Scheme Operator), the Scheme began operating on 1 July 2018 and will run for ten years. The Scheme is legislated under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) (Act) and the National Redress Scheme for Institutional Child Sexual Abuse Rules 2018 (Cth).

People who have experienced institutional child sexual abuse and who are deemed eligible by the Scheme can access a redress payment, counselling and psychological care and a direct personal response from the responsible institution.

An institution is eligible to join the Scheme if it can fulfil its obligations and responsibilities under the Act, including paying the redress components and legal and administrative charges. The Scheme Operator will assess the eligibility of institutions and assist institutions to join the Scheme, which takes approximately three to six months. The term ‘institution’ is defined in the Act to mean any body, entity, group of persons or organisation (whether or not incorporated) but does not include a family or an individual.

An application for redress naming an institution as responsible for abuse cannot be processed by the Scheme Operator where that institution has not joined the Scheme. This means that, unless the institution joins the Scheme, the person cannot access redress under the Scheme.

2. Deadline to join the Scheme

Subject to the two exceptions below, the deadline for institutions to join the Scheme was 30 June 2020:

1. If, prior to 30 June 2020, an institution:
   1. was notified by the Scheme Operator that it had been named in an application for redress (Notice of Redress Liability); and
   2. gave written confirmation to the Scheme Operator of its intention to join the Scheme,
      that institution has until 31 December 2020 to join the Scheme.
2. If, after 30 June 2020, an institution receives, for the first time, a Notice of Redress Liability, that institution will have six months from the date that it received the Notice of Redress Liability to join the Scheme.

Note: The term ‘Notice of Redress Liability’ is used in this policy to refer to the communication from the Scheme Operator to an entity informing the entity that they have been named in a redress application. It is not a formal legal notice.

3. The Commonwealth Government’s policy position on institutions that do not join the Scheme

The Commonwealth Government has stated (External link) that it will publicly identify institutions that have received a Notice of Redress Liability and failed to signify their intention to join the Scheme, or decline to join the Scheme, by the relevant deadline.

The Ministers’ Redress Scheme Governance Board has also stated (External link) that all jurisdictions will consider other appropriate action. This may include financial consequences applied by State, Territory or Commonwealth governments, including withdrawal of an institution's charitable status. 

4. The Victorian Government’s policy position on institutions joining the Scheme

Consistent with the approach of the Commonwealth Government, the Victorian Government is committed to preventing and responding to institutional child sexual abuse. The Victorian Government expects that institutions that are named in applications for redress will join the Scheme, provided that the institution can fulfil its obligations under the Act, so that survivors can gain access to redress.

In March 2020, the Victorian Government determined that any institution that has been named in a redress application, and which is assessed as eligible to join the Scheme by the Scheme Operator, must join the Scheme as a condition of receiving Victorian Government funding.

5. Application of this policy

This policy applies to all institutions which apply for or receive funding from the Victorian Government under a Service Agreement, the Victorian Common Funding Agreement, or any other funding agreement (Relevant Agreements).

For the purposes of the Service Agreement and the Victorian Common Funding Agreement, this policy constitutes an ‘applicable departmental policy’.

This policy applies from 24 September 2020 to 30 June 2028 and may be amended by the Victorian Government from time to time (the Scheme commenced on 1 July 2018 and will operate until 30 June 2028).

6. Institution obligations under this policy

6.1 Obligation to join the Scheme

An institution that applies to the Victorian Government for funding, or which receives funding from the Victorian Government, must, as soon as reasonably practicable and within the applicable deadline set out at paragraph 2 of this policy:

1. if that institution has received or receives a Notice of Redress Liability, engage in good faith and as soon as reasonably practicable with the Scheme Operator;
2. if that institution is assessed by the Scheme Operator as eligible to join the Scheme, join the Scheme; and
3. if that institution joins the Scheme, remain a member of the Scheme.

For the purposes of this policy, ‘engage’ includes an institution responding to communications received from the Scheme Operator in good faith and as soon as reasonably practicable and providing to the Scheme Operator information necessary for the Scheme Operator to assess whether an institution is eligible to join the Scheme.

For the avoidance of doubt, the obligation at paragraph 6.1(a) of this policy applies regardless of whether an institution is, or is likely to be, assessed by the Scheme Operator as eligible to join the Scheme.

6.2 Disclosure obligation when applying to the Victorian Government for funding

An institution that applies to the Victorian Government for funding must, at the time of making such an application, disclose to the appropriate Victorian Government representative:

1. whether the institution has received a Notice of Redress Liability;
2. whether the institution is engaging in good faith discussions with the Scheme as to its eligibility to join the Scheme;
3. whether the institution has joined the Scheme;
4. whether the institution remains a member of the Scheme; and
5. any other information requested by that Victorian Government representative in relation to the institution’s progress to join the Scheme or participation in the Scheme, where that institution has received a Notice of Redress Liability.

For the avoidance of doubt, the obligation in paragraph 6.2 of this policy applies regardless of whether an institution is, or is likely to be, assessed by the Scheme Operator as eligible to join the Scheme.

6.3 Continuing disclosure obligation when receiving Victorian Government funding

An institution that receives Victorian Government funding must, promptly and on an ongoing basis for the duration of the Relevant Agreement, disclose to the Victorian Government representative under the Relevant Agreement:

1. whether it has received a Notice of Redress Liability;
2. whether it is engaging in good faith discussions with the Scheme as to its eligibility to join the Scheme;
3. whether it has joined the Scheme;
4. whether the institution remains a member of the Scheme; and
5. any other information requested by that Victorian Government representative in relation to the institution’s progress to join the Scheme or participation in the Scheme, where that institution has received a Notice of Redress Liability.

For the avoidance of doubt, the obligation in paragraph 6.3 of this policy applies regardless of whether an institution is, or is likely to be, assessed by the Scheme Operator as eligible to join the Scheme.

6.4 Consequences of a failure to comply with this policy

The Victorian Government will not provide funding to an institution that fails to comply with this policy. In particular, the Victorian Government will not provide funding to an institution where that institution:

1. receives a Notice of Redress Liability and does not engage in good faith and as soon as reasonably practicable with the Scheme Operator within the applicable deadline set out at paragraph 2 of this policy;
2. receives a Notice of Redress Liability, is assessed by the Scheme Operator as eligible to join the Scheme, and refuses or fails to join the Scheme within the applicable deadline set out at paragraph 2 of this policy; or
3. fails to comply with any disclosure obligations set out at paragraphs 6.2 or 6.3 of this policy.