National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 3) Declaration 2018
I, Paul Fletcher, Minister for Families and Social Services, make the following Declaration.
Dated 1 November 2018
Paul Fletcher
Minister for Families and Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments 2
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 2
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 3) Declaration 2018.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 November 2018. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
1 After section 8
Insert:
8A Participating State institutions (Tas.)
Each of the following State institutions of Tasmania is a participating institution:
(a) A government department within the meaning of the State Service Act 2000 (Tas);
(b) A service of the Crown in right of the State of Tasmania in which persons excluded from the State Service Act 2000 (Tas) by section 5 of that Act are employed;
(c) A State authority within the meaning of the State Service Act 2000 (Tas) which is authorised to employ staff;
(d) Any hospital operated by the Crown in right of the State of Tasmania past and present;
(e) Any institution (however described) that has been superseded by anything listed in paragraphs (a) – (d); and
(f) Any institution (however described) of a kind referred to in paragraphs (a) – (d) that has been abolished.
2 After paragraph 9(fc)
Repeal paragraph 9(fd), substitute:
(fd) The Salvation Army (South Australia) Property Trust, established as a body corporate by the Salvation Army (South Australia) Property Trust Act 1931 (SA);
(fe) Global Interaction Inc.
3 Section 13 (table)
Following Item 3 add:
4 All Tasmanian institutions as at Part 2, paragraphs 8A(a)-(f)
4 Section 17
Repeal paragraph 17(c), substitute:
- Australian Capital Territory;
- Tasmania.
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 3) Declaration 2018 was enacted on 1 November 2018 by Paul Fletcher, the Minister for Families and Social Services. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 to address the gap in recognising participating institutions, particularly in Tasmania, and to ensure that redress is available to victims of institutional child sexual abuse across all states and territories. This Declaration was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and is intended to facilitate a more comprehensive and inclusive approach to providing redress to victims of institutional child sexual abuse by identifying and including additional participating institutions in the scheme.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 3) Declaration 2018 amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation applies to specified institutions within Tasmania, including government departments, services of the Crown, State authorities, and hospitals operated by the Crown, along with any institutions that have been superseded or abolished. The amendment extends the definition of participating institutions to include these Tasmanian entities, thereby broadening the scope of the redress scheme to cover more institutions within the state. The Act applies nationally, with specific amendments affecting institutions in Tasmania and the removal of the Salvation Army (South Australia) Property Trust and addition of Global Interaction Inc. to the list of participating institutions. The Act’s jurisdictional reach is Commonwealth-wide, but the amendments focus specifically on Tasmanian institutions, ensuring they are included in the redress scheme. The legislation does not explicitly state any exclusions, exemptions, or thresholds beyond those outlined in the amendments. Subordinate instruments may further define or refine the application of this Act.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 3) Declaration 2018 (referred to as the Declaration) amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The whole of this instrument commenced on 1 November 2018. It is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The Declaration specifies amendments to the original Declaration, including the identification of Tasmanian institutions as participating institutions (Schedule 1, item 1), and the repeal and substitution of certain entities in the list of participating institutions (Schedule 1, items 2 and 3). Additionally, it updates the table in section 17 to include Tasmania alongside the Australian Capital Territory (Schedule 1, item 4).
The Declaration imposes specific obligations on participating institutions, particularly those in Tasmania. These institutions, which include government departments, services of the Crown in right of Tasmania, State authorities, and hospitals operated by the Crown, must comply with the requirements of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This includes the obligation to participate in the scheme, which involves acknowledging past abuses and facilitating the process for survivors to seek redress. Participating institutions are also required to cooperate with the Redress Scheme Administrator and provide any necessary documentation or information related to the abuses they may have been involved in.
Breaches of the obligations under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 may result in various legal consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines up to a specified maximum amount, depending on the nature and severity of the breach. Additionally, institutions that fail to comply with their obligations may face criminal charges, which could result in imprisonment for individuals found guilty of deliberately obstructing the scheme or providing false information. These penalties are intended to ensure that participating institutions take their obligations seriously and facilitate the process of redress for survivors of institutional child sexual abuse.