National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 5) Declaration 2018
I, Paul Fletcher, Minister for Families and Social Services, make the following Declaration.
Dated 4 December 2018
Paul Fletcher
Minister for Families and Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 5) 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 | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made.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 National Redress Scheme for Institutional Child Sexual Abuse Declaration 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Subparagraph 8C(a)(i)
Before “mentioned”, insert “is”.
2 Paragraph 8C(e)
Omit “described”, substitute “described)”.
3 After paragraph 9(fd)
Repeal paragraph 9(fe), substitute:
(fe) Global Interaction Inc;
(ff) Ballarat Anglican Diocesan Corporation Ltd;
(fg) The Corporation of the Synod of the Diocese of Brisbane;
(fh) Perth Diocesan Trustees;
(fi) Corporation of The Synod of the Diocese of Rockhampton;
(fj) The Anglican Schools Commission (Inc)
(fk) Anglicare Tasmania Inc;
(fl) Anglican Community Services (trading as Anglicare Sydney);
(fm) Sydney Anglican Home Mission Society Council;
(fn) The Committee of the Church of England Homes;
(fo) Trinity Grammar School, Kew.
4 Section 15 (table)
Following Item 2 add:
3 | All Anglican Church of Australia institutions as at Part 2, paragraphs 9(ff) – (fo) | Anglican Representative (National Redress Scheme) Limited |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 5) Declaration 2018 was enacted to address gaps in the original National Redress Scheme for Institutional Child Sexual Abuse. This instrument was introduced to amend the existing legislation to ensure comprehensive coverage of all relevant institutions. The Declaration was made by Paul Fletcher, the Minister for Families and Social Services, under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The primary policy objective is to provide redress for victims of institutional child sexual abuse by ensuring all relevant institutions are included in the scheme. The instrument amends the original declaration to include additional Anglican Church of Australia institutions, thereby expanding the scope of the scheme to cover more victims and institutions. The commencement of the instrument occurs the day after it is registered, with specific amendments and repeals detailed in the schedules.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 5) Declaration 2018 applies to specified institutions within the Anglican Church of Australia and amends the existing framework under the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The Act identifies particular institutions such as Global Interaction Inc, Ballarat Anglican Diocesan Corporation Ltd, and others listed from paragraph 9(ff) to 9(fo), including the Anglican Schools Commission (Inc) and Anglican Community Services trading as Anglicare Sydney, to ensure they are incorporated into the scheme. This instrument extends its application to all entities and persons involved in institutional child sexual abuse within the specified Anglican institutions. The geographic reach of this legislation is national, as it pertains to institutions across Australia and seeks to provide a unified redress scheme for victims of child sexual abuse. The instrument does not explicitly state exclusions or exemptions but rather focuses on the inclusion of additional institutions into the redress scheme. The application and operation of this Act may be further detailed or modified through subordinate instruments, which can introduce specific rules or guidelines to implement the broader legislative intent.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 5) Declaration 2018 (section 1) makes specific amendments to the existing legislation, namely the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 (section 3). The amendments specified in Schedule 1, such as the insertion of "is" before "mentioned" in subparagraph 8C(a)(i) and the omission of "described" in paragraph 8C(e), modify the text to ensure clarity and accuracy. Additionally, the Schedule introduces new subparagraphs (ff) to (fo) under paragraph 9, listing additional Anglican Church of Australia institutions subject to the scheme, and replaces the repealed subparagraph 9(fe) with new subparagraphs (fe) to (fj) (section 4). This instrument commences on the day after it is registered (section 2(1)).
The amended Act imposes several obligations and requirements on the parties governed by it. Primarily, it mandates that specific institutions, including those newly listed in the Schedule, must comply with the provisions of the National Redress Scheme. This includes participation in the redress process for victims of institutional child sexual abuse, ensuring transparency, and providing necessary support and compensation to victims (Schedule 1, subparagraphs 9(ff) to (fo)). Furthermore, the Anglican Representative (National Redress Scheme) Limited is now responsible for representing all Anglican Church of Australia institutions as listed in the amended table under section 15 (Schedule 1, section 15).
Failure to comply with the requirements set out in the amended legislation can result in significant legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of the National Redress Scheme could potentially lead to civil or criminal liabilities. Civil penalties may include fines or compensation orders, while criminal penalties might involve imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case and any relevant statutory provisions.