The Redress System for Abuse in Care Bill has passed its first reading in Parliament this afternoon.
Lead Co-ordination Minister for the Crown Response, Erica Stanford says the Bill provides that the purpose of a State redress scheme is to:
- recognise a person’s experience of abuse in care; and
- offer a pathway as an alternative to litigation to provide for redress for abuse in care.
Redress includes a financial payment, an apology, access to care records, and counselling or other wellbeing services.
The Bill also provides for more meaningful apologies to be able to be made by state agencies as well as introduces a new framework for independent consideration of financial redress where a survivor has also committed specified serious sexual or violent offences and been sentenced to more than five years in prison, the Minister said.
“I acknowledge there will be strong and diverse views about the proposed additional scrutiny by an independent decision maker where a survivor has committed serious offences,” said Ms Stanford.
“This approach, based on the Australian model, does not automatically exclude any survivor from receiving financial redress. However, it does require that the independent decision maker satisfy themselves that making such a payment would not bring the scheme into disrepute. This recognises that there are a small number of survivors who were abused in care have also gone on to perpetuate harm to others.”
The Bill has now been referred to the Social Services and Community Select Committee for five months.
“I know the Committee will give the Bill the careful consideration that it deserves and I encourage survivors, their advocates, and all other interested parties to submit on the Bill,” Minister Stanford said.
Meanwhile, the Responding to Abuse in Care Legislation Amendment Bill passed its third reading today.
“This Bill is an important part of our wider response and complements the work already well underway to implement the Royal Commission’s recommendations. The changes will improve the safety and wellbeing of children, young people, and adults in care,” said Minister Stanford.
“We are committed to doing better for survivors, and I know these changes to our existing legislation will make a difference.”
The legislation changes include:
Oranga Tamariki Act
- Removes the ability to undertake strip searches of young people in secure residential care.
- Clarifies the amount of time a child can be placed in secure care units.
- Provides new search powers for people visiting youth justice facilities to improve the safety of young people and staff. Body image scanners will be used to search for harmful items on entry to a secure Youth Justice residence.
Children’s Act
- Establishes process to prevent NZ citizens and residents with overseas convictions associated with serious harm from working with children.
Crimes Act
- Includes disability in the definition of vulnerable adult to make it explicit that those caring for disabled adults owe them a statutory duty of care.
Records Act
- Enforces better record keeping by Government agencies to address challenges survivors faced in accessing their records.
- Enhances current monitoring powers of the Chief Archivist with the potential to issue performance notices to agencies to improve recordkeeping practice.
“I want to acknowledge the bravery of the nearly 2,400 courageous survivors who shared their experiences of abuse and neglect with the Commission and contributed to its important work.
“There is still a lot more to be done to ensure the wrongs of the past are not repeated. The Government is committed to continuing this work with urgency and care,” Ms Stanford says.