National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018

Administered by Department of Social Services

Legislation au F2018N00195 Not in force Notifiable Instrument

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National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018

 

 

 

I, Paul Fletcher, Minister for Families and Social Services, make the following Declaration.

Dated 20 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. 7) 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.  Schedule 1

The day after this instrument is registered.

 

 

 (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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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  Section 6

After paragraph (h), insert:

 (i) Each institution (however described) that is included in the classes of State institutions set out at paragraphs 6(1)(a) – (h) of this instrument, except the institutions at (c) and (d) do not include a university, a residential college of a university or a local council.

2  Section 6

Repeal the note.

3  Section 15 (table – column 1 of Item 4)

Repeal the words “paragraphs (a) – (aj) of”.

4  Section 15 (table)

Repeal item 5, insert:

5

All Catholic Church of Australia institutions as at Item 9 of the table in Schedule 1 to this instrument that were declared participating institutions in the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 6) Declaration 2018.

Note: Any defunct institution declared a participating institution under this instrument in paragraphs (ab) – (ag) of Item 9 of the table in Schedule 1 are not part of this group.

Australian Catholic Redress Limited

5  Schedule 1 (table)

Repeal paragraph (aa) of Item 9 to the table, insert:

 (aa) The Military Ordinariate of Australia and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Military Ordinariate of Australia or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Military Ordinariate of Australia);

 (ab) The Melkite Catholic Eparchy of Australia and New Zealand and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Melkite Catholic Eparchy of Australia and New Zealand or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Melkite Catholic Eparchy of Australia and New Zealand);

 (ac) The Chaldean Eparchy of St Thomas and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Chaldean Eparchy of St Thomas or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Chaldean Eparchy of St Thomas);

 (ad) The Archdiocese of Perth and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Archbishop of the Archdiocese of Perth or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Archdiocese of Perth);

 (ae) The Diocese of Broome and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Diocese of Broome or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Diocese of Broome);

 (af) The Diocese of Bunbury and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Diocese of Bunbury or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Diocese of Bunbury);

 (ag) The Diocese of Geraldton and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Diocese of Geraldton or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Diocese of Geraldton).

6  Schedule 1 (table)

After item 9, insert:

 

Item

Column 1

Participating non-government institutions

10

Sylvestrine Benedictine Monks

 

(a) Trustees of the Sylvestrine Benedictine Monks.

11

The Order of the Sisters of Mercy in Queensland

 

(a) The Corporation of the Trustees of the Order of the Sisters of Mercy in Queensland.

12

Society of Mary for the Province of Australia

 

(a) The Trustees of the Marist Fathers for the Province of Australia.

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018 was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, addressing a gap in the redress scheme for victims of institutional child sexual abuse. The Act was introduced by the Australian Parliament to establish a redress scheme that provides compensation and support to victims of institutional child sexual abuse. The policy objective of the Act is to ensure that victims receive timely and fair compensation, and to provide a mechanism for institutions to acknowledge their responsibility and contribute to the redress scheme. The instrument 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 Act 2018. The amendments made by the instrument include changes to the definition of institutions and the list of participating institutions in the redress scheme.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018 amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which provides a framework for the redress of institutional child sexual abuse in Australia. The Act applies to any institution that has engaged in child sexual abuse, as well as any individuals who have experienced such abuse and wish to seek redress. The scope of the Act extends to both government and non-government institutions, including religious organisations, schools, and other entities that have been involved in institutional child sexual abuse. The Act applies nationally, covering all states and territories within Australia. However, certain exclusions and exemptions may apply, such as those outlined in the Act itself or in subordinate instruments that extend or restrict its application. These amendments, which come into effect on the day after the instrument is registered, aim to ensure that redress is available to victims of child sexual abuse by institutions that may have been previously excluded or inadequately covered.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The key sections include the insertion of new criteria for institutions that fall under the classes of State institutions (section 6), the repeal of a note in the same section, modifications to the table in section 15 to exclude certain paragraphs and insert new items, and the addition of a new table item specifying participating non-government institutions (Schedule 1). These amendments are effective from the day after the instrument is registered. The Act imposes obligations on institutions that meet the specified criteria to participate in the National Redress Scheme. These institutions must comply with the scheme's requirements to provide redress to victims of institutional child sexual abuse. Additionally, the Act mandates that certain Catholic Church entities, such as the Military Ordinariate of Australia and its associated parishes, schools, agencies, and ecclesiastical organisations, are included as participating institutions, provided they are canonically subject to the relevant bishop's authority. Failure to comply with the provisions of the Act can result in legal consequences. While the specific penalties are not detailed in the provided text, breaches of such legislative requirements typically attract penalties under the parent act, which may include fines and other sanctions. The exact penalties would depend on the nature and severity of the breach, as well as any subsequent legal proceedings.

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