Sharon Claydon (Newcastle, Australian Labor Party) Share this | Hansard source

I rise to make a contribution to this debate on the Treasury Laws Amendment (2020 Measures No. 6) Bill. I'll be focusing on one particular part of this bill today, and that is schedule 3, which amends the Australian Charities and Not-for-profits Commissions Act to encourage recalcitrant organisations that still haven't signed up to the National Redress Scheme to do so. In speaking to this, I will be supporting Labor's second reading amendment, moved by the member for Fenner. In short, schedule 3 of this bill changes the definition of a basic religious charity so that it excludes charities that have claims against them under the National Redress Scheme but still have not signed up.

This is one of the ways in which the government is fulfilling an important recommendation of the first National Redress Scheme Committee, which I deputy chaired in 2018 and 2019. Its recommendations were tabled in this parliament on 2 April 2019, more than two years ago now. This recommendation was again reiterated in a consensus report from the second redress committee, which I also deputy chair in this current parliament. While I recognise that not all abusing organisations will be caught by this legislation because some are simply not charities, these changes are important and terribly long overdue.

The National Redress Scheme started in 2018, so organisations have had well over two years to sign up now. There is absolutely no excuse, no reason and no possible justification for not having done so by now. Tax concessions are given in recognition of the positive contribution that organisations make to our communities and our nation. But those organisations that fail to sign up for redress are fundamentally failing. Indeed, they are actively refusing to deliver on their side of the social contract. For those organisations that have demonstrated such reckless disrespect and failed so terribly to take responsibility for the grievous trauma they have inflicted, there can be no reason that the taxpayer would continue to pay generous tax concessions.

Sadly, a number of survivors have already died without their abusing organisations ever signing up to the scheme. This is appalling, it is unacceptable and it cannot go on. Today, I am calling out those recalcitrant organisations, like the Jehovah's Witnesses, Kenja Communication, Lakes Entrance Pony Club and Fairbridge Restored Ltd, which is now in administration. These institutions were named in the Royal Commission into Institutional Responses to Child Sexual Abuse, so they know well that they have active claims against them. Despite this, they have failed to join the scheme. Not only that; they have failed to even signify their intent to join, as they were requested to do in the first half of this year.

There is another group of around 80 institutions who also haven't joined the scheme, but they have at least signified their intent to do so. They will now have until 31 December to sign up, and they have been put on notice about the financial consequences if they don't. To these organisations I say: for the sake of the survivors you have so deeply hurt, I urge you to please do the right thing and sign up for the redress.

Of course today's measures are an important step, which Labor heartily endorses. However, this doesn't change the fact that there are still many issues with the National Redress Scheme—not least of which is the fact that nowhere near the number of expected payments are being made. The royal commission estimated that there were 60,000 survivors who would be eligible under this scheme, but by 6 November this year only 4,117 payments had been made. Indeed, the economic and fiscal update shows that payments under the scheme will decrease by $610 million in 2021 as a result of the slower uptake. Thousands of people who deserve justice simply aren't coming forward. The government needs to work out why and to fix it.

The scheme has other shortcomings that Labor has long called on the Morrison government to address. That's why I'm very pleased to endorse the amendments that have been moved by the member for Fenner. The government needs to put in place an early payment scheme for child sexual abuse survivors who are elderly or ill. This has been done by the Scottish parliament recently, so there is some good practice that we could turn to to help inform some legislation here. The government also needs to ensure that we stop indexing prior payments. It needs to increase the maximum payment back to $200,000, as was the recommendation by the royal commission, and the government must urgently fix the assessment matrix so that it recognises the impact of abuse, which, again, is what the royal commission intended.

To this end, I'd like to reiterate Labor's offer to work in good faith with the government to make the National Redress Scheme the best it can be for survivors. That should be in the interests of everyone in this parliament—indeed, it is in the national interest. Whilst this is a long overdue step in the right direction, there is still much work to be done.

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