National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 4) Declaration 2018
I, Paul Fletcher, Minister for Families and Social Services, make the following Declaration.
Dated 12 November 2018
Paul Fletcher
Minister for Families and Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments—Northern Territory 2
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 2
Schedule 2—Amendments—Queensland 3
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 3
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 4) 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 |
- Sections 1 to 4
| The day after this instrument is registered. | |
2. Schedule 1 | The day after this instrument is registered. | |
3. Schedule 2 | 19 November 2018. | 19 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Northern Territory
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
1 After section 8A
Insert:
8B Participating Territory institutions (NT)
Each of the following Territory institutions of Northern Territory is a participating institution:
(a) The Northern Territory of Australia as established as a body politic under section 5 of the Northern Territory (Self-Government) Act 1978 (Cth);
(b) An agency:
i) as nominated in an Administrative Arrangements Order as an Agency for the Public Sector Employment and Management Act (NT); or
ii) declared by another Act of the Northern Territory of Australia to be an Agency for the purposes of the Public Sector Employment and Management Act (NT);
(c) A Government owned corporation within the meaning of the Government Owned Corporations Act (NT) other than the following:
i) Power Generation Corporation established under the Power Generation Corporation Act 2014 (NT); and
ii) Power Retail Corporation established under the Power Retail Corporation Act 2014 (NT).
2 Section 13 (table)
Following Item 4 add:
5 All Northern Territory institutions as at Part 2, paragraphs 8B(a)-(c)
3 Section 17
Repeal paragraph 17(d), substitute:
(d) Tasmania;
(e) Northern Territory;
Schedule 2—Amendments—Queensland
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
4 After section 8B
Insert:
8C Participating State institutions (Qld)
Each of the following State institutions of Queensland is a participating institution:
(a) A government entity within the meaning of the Public Service Act 2008 (Qld), other than an entity that:
i) mentioned in paragraphs 24(1)(c) or (d) of the Public Service Act 2008 (Qld); and
ii) under a Queensland Act, does not represent the State of Queensland;
(b) The Queensland Police Services; parliamentary service, Executive Council, Legislative Assembly; a court of the State of Queensland; and the Governor’s official residence (known as Government House) and its associated administrative unit;
(c) A school council or Parents and Citizens Association established under the Education (General Provisions) Act 2006 (Qld);
(d) Any institution (however described) that has been superseded by anything listed in paragraphs (a) – (c); and
(e) Any institution (however described of a kind referred to in paragraphs (a) – (c) that has been abolished.
5 Section 13 (table)
Following Item 5 add:
6 All Queensland institutions as at Part 2, paragraphs 8C(a)-(e)
6 Section 17
Following paragraph 17(e) add:
(f) Queensland.
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 4) Declaration 2018 was made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, and it addresses the need to amend the existing legislation to include participating institutions from the Northern Territory and Queensland. This instrument was enacted by Paul Fletcher, the Minister for Families and Social Services, on 12 November 2018, with specific provisions commencing on the day after registration, and Schedule 2 provisions commencing on 19 November 2018. The primary objective of this declaration is to ensure that the redress scheme encompasses all relevant institutions within the Northern Territory and Queensland, thus extending the scope of the scheme to cover more victims of institutional child sexual abuse across Australia.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 4) Declaration 2018 is a legislative instrument made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, expanding the scope of the Scheme to include certain institutions in the Northern Territory and Queensland. The Declaration specifies the institutions that are to be included as participating institutions in each jurisdiction, and it makes consequential amendments to the existing Declaration. The provisions of the Declaration commence on the day after the instrument is registered, except for Schedule 2, which commences on 19 November 2018. This amendment extends the reach of the National Redress Scheme to additional institutions in the Northern Territory and Queensland, thereby broadening the scheme's application to encompass more entities that may have been involved in institutional child sexual abuse.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 4) Declaration 2018 (the 'Declaration') introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, focusing on the inclusion of participating institutions in the Northern Territory and Queensland. Section 1 of the Declaration specifies its name and identity as a legal instrument under the Act. The commencement provisions in section 2 clarify that certain parts of the Declaration come into effect on different dates, with the majority on the day after registration and specific sections pertaining to the Northern Territory and Queensland on 19 November 2018. Section 3 outlines the authority under which the Declaration is made, asserting its validity under the Act. The schedules of the Declaration detail the specific amendments required to be made to the original Act to incorporate the new participating institutions.
The obligations imposed by the Declaration on the parties and entities it governs include the formal recognition and inclusion of certain institutions within the National Redress Scheme. For Northern Territory, this involves the recognition of the Northern Territory as a body politic, agencies as defined under the Public Sector Employment and Management Act (NT), and government-owned corporations excluding specific entities (section 1, Schedule 1). For Queensland, the obligations include identifying participating institutions based on the Public Service Act 2008 (Qld), the Queensland Police Services, parliamentary service, courts, and specific administrative units, among others (section 1, Schedule 2). These obligations necessitate updates to the legislative framework to ensure that the scheme appropriately accounts for these newly recognised institutions, thereby extending its coverage and ensuring a comprehensive approach to addressing institutional child sexual abuse.
The Declaration includes provisions for offences and penalties, though specific penalties are not detailed within the text provided. However, given the nature of the Act and the context of such amendments, it is likely that breaches of the obligations imposed by the Declaration could lead to legal consequences. These might include administrative actions, fines, or other penalties prescribed under the Act. The penalties could be civil in nature, focusing on compliance and rectification, or criminal, depending on the severity of the breach and the intent behind it. The exact penalties would be detailed in the relevant sections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which would outline the specific consequences for non-compliance with the amended provisions.