Background to the Second Interim Report
1.1
The Joint Select Committee on Implementation of the National Redress Scheme (the Committee) was formed in 2019 to inquire into the Australian Government policy, program and legal response to the redress related recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission), including the establishment and operation of the Commonwealth Redress Scheme and ongoing support of survivors. The Committee is required to table its final report before May 2022.
1.2
On 1 May 2020, the Committee tabled First Interim Report on Implementation of the National Redress Scheme April 2020 (First Interim Report) that made 14 recommendations. The recommendations identified aspects of the National Redress Scheme (NRS) that required immediate reform, and highlighted matters that needed to be considered as priority areas for future consideration.
1.3
The First Interim Report identified areas that required immediate remedy to improve the survivor experience, including: removing the requirement for a Statutory Declaration to accompany each application for redress; and amendment to the indexation of prior payments, so that indexation is applied up until the date an application is submitted, rather than the date of payment offer.
1.4
The report also made recommendations to improve the transparency of the NRS for survivors, including providing each applicant with an individualised application flowchart which maps out next steps and approximate timeframes, to keep survivors and their nominees better informed about the progress of their application; publishing the Assessment Framework Policy Guidelines; and establishing a direct complaint avenue for survivors, their nominees, and advocates.
1.5
The work of the Committee in the 46th Parliament has coincided with the National Redress Scheme’s legislated review mechanism.
1.6
Section 192 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (the Act) provides that the relevant Minister must conduct a review of the NRS as soon as possible after the second anniversary of NRS operation (Second Year Review).
1.7
The Committee notes that the Second Year Review commenced on 1 July 2020. The final report was provided to the Minister for Families and Social Services, Senator the Hon. Anne Ruston (the Minister) on 26 March 2021.
1.8
The Minister provided the Committee’s recommendations to the Ministers’ Redress Scheme Governance Board (Ministers’ Board) for consideration on 8 July 2020. The Ministers’ Board agreed the Second Year Review should consider the recommendations made by the Committee.
1.9
The Department of Social Services (DSS) confirmed that the Minister would not be providing a response to the recommendations until the conclusion of the review.
1.10
The Second Year Review was finalised and provided to the Minister in March 2021. The review was initially shared with state and territory governments to enable detailed consideration by the Ministers’ Board in April 2021.
1.11
The Committee was not provided with a copy of the Second Year Review prior to the report’s public release. The Second Year Review and the interim government response were made public on 23 June 2021.
1.12
On 30 September 2021, the government tabled its response to the Committee’s First Interim Report. Of the 14 recommendations made, the government response supported six, supported two in part, supported one in principle and five recommendations were noted. Appendix A provides a table detailing the response to each recommendation.
Objective and Scope
1.13
The Committee’s Second Interim Report seeks to build on the findings made in the First Interim Report. The Second Interim Report examined the impact of the COVID-19 pandemic on survivors, the experience of First Nations survivors, operational considerations in respect of decision-making, findings of the Second Year Review and the interim government response.
1.14
Given the final government response to the Second Year Review is not expected to be released until early 2022, the Committee’s final report is expected to be tabled following consideration of that response.
Conduct
1.15
On 3 August 2020, the Committee issued a media release announcing the initial public hearing program. Subsequently, ten public hearings were held. Transcripts can be found on the Committee’s website and a list of witnesses that appeared is at Appendix C.
1.16
The Committee invited submissions to be received by 30 October 2020, noting that submissions could be received after that date. The Committee also informed people that confidential and name withheld submissions would also be received. Following the finalisation of the First Interim Report, the Committee received 43 submissions and 12 supplementary submissions, which are listed at Appendix C.
Report Outline
1.17
Chapter 1 details the scope of the activities conducted to undertake the Second Interim Report.
1.18
Chapter 2 considers the continued survivor experience of the NRS, with particular consideration of First Nations peoples experience, the effectiveness of redress support services, the impact of COVID-19 upon survivors, and privacy matters.
1.19
Chapter 3 examines the operation of the NRS; including the suitability of the assessment framework, role of the Independent Decision Makers and existing arrangements in relation to payments and indexation.
1.20
Chapter 4 considers the provision of legal advice and behaviour of private law firms in relation to the NRS.
1.21
Chapter 5 discusses participation in the NRS by both institutions and survivors, including discussion of the adequacy of current funder of last resort provisions.
1.22
Chapter 6 considers the recommendations made in the Second Year Review and the government response to those recommendations.
1.23
Throughout this report the Committee has included quotes that refer to the NRS as the scheme or redress scheme. The Committee has not amended these references.
1.24
A copy of this report, transcripts of hearings and submissions received are available on the Committee’s website at www.aph.gov.au/redress.