National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 1) Declaration 2019

Administered by Department of Social Services

Legislation au F2019N00006 Not in force Notifiable Instrument

Legislation content

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 1) Declaration 2019

 

 

 

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

Dated 23 January 2019

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 (2019 Measures No. 1) Declaration 2019.

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Note: This table relates only to the provisions of this instrument as originally made.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 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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Repeal paragraphs 6(g) to (i), insert:

(g) Any institution (however described) that has been superseded by anything listed in paragraphs (a)-(f);

(h) Any institution (however described) of a kind referred to in paragraphs (a)-(f) that has been abolished; and

(i) Each institution (however described) that is included in the classes of State institutions set out at paragraphs 6(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 11 (table)

After item 3, insert:

 

4

The Sisters of St Joseph of the Sacred Heart institutions at paragraphs (f)  (be) of Item 15 of the table in Schedule 1 to this instrument.

Trustees of the Sisters of St Joseph

3  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 except any defunct institution declared a participating institution under this instrument in paragraph (ah) of Item 9 of the table in Schedule 1.

Australian Catholic Redress Limited

6

The Sisters of St Joseph of the Sacred Heart institutions at paragraphs (a) to (e) of Item 15 of the table in Schedule 1. 

Trustees of the Sisters of St Joseph

4  Schedule 1 (table)

Repeal paragraph (j) of Item 7 to the table, insert:

 (j) Trinity Grammar School Kew;

 (k) Bendigo Anglican Diocesan Corporation;

 (l) The Synod of the Diocese of the Northern Territory Incorporated;

 (m) Anglicare North Coast;

 (n) The Camberwell Grammar School;

 (o) FSAC Ltd (St John’s Anglican College, The Springfield Anglican College);

 (p) William Branwhite Clarke College Council.

5  Schedule 1 (table)

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

(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);

(ah) The Personal Ordinariate of Our Lady of the Southern Cross 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 Ordinary of the Personal Ordinariate of Our Lady of the Southern Cross 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 Personal Ordinariate of Our Lady of the Southern Cross).               

6  Schedule 1 (table)

After Item 12 to the table, insert:

13

Presbyterian Church of Queensland

14

Geelong Grammar School

15

The Sisters of St Joseph of the Sacred Heart

 

(a) Trustees of the Sisters of St Joseph;

(b) Mary MacKillop College (Kensington SA);

(c) Mount St. Joseph’s Girls’ College (Altona West VIC);

(d) St Anthony’s Family Care (Croydon NSW);

(e) Sisters of Perpetual Adoration;

(f) St Anthony’s Children’s Home (Croydon NSW);

(g) St Joseph’s Children’s Home (Croydon NSW);

(h) St Joseph’s Boys Home (Kincumber South NSW);

(i) St Joseph’s Girls Home (Lane Cove NSW);

(j) St Martha’s Industrial School (Leichhardt NSW);

(k) St Margaret’s Children’s Hospital (Darlinghurst NSW);

(l) Mount St Joseph’s Girls Secondary School (Milperra NSW);

(m) Holy Cross College (Bellambi NSW);

(n) St Joseph’s Business College of Girls (Leichhardt NSW);

(o) St Joseph’s Convent Boarding School (Glen Innes NSW);

(p) St Joseph’s Boarding School (Perthville NSW);

(q) St Joseph’s Convent Boarding (Bega NSW);

(r) St Joseph’s Convent Boarding (Mullumbimby NSW);

(s) St Joseph’s Juniorate (Hunters Hill NSW);

(t) St John the Baptist Junior Boys School (Hunters Hill NSW);

(u) St John’s Convent Boarding (Mittagong NSW);

(v) St Joseph’s Convent Boarding (Penrith NSW);

(w) St Joseph’s Convent Boarding (Nyngan NSW);

(x) St Joseph’s Convent Boarding (Camden NSW);

(y) St Joseph’s Convent Boarding (Binalong NSW);

(z) St Joseph’s Convent Boarding (Coonabarabran NSW);

(aa) Marian College (Goulburn NSW);

(ab) St Francis College (Leeton NSW);

(ac) St Mary’s College (Leeton NSW);

(ad) St Joseph’s Convent Boarding (Narrandera NSW);

(ae) St Joseph’s Convent Boarding (Taralga NSW);

(af) St Joseph’s Convent Boarding (Wombat NSW);

(ag) St Joseph’s Juniorate (Surrey Hills VIC);

(ah) St Joseph’s Convent Boarding (Swan Hill VIC);

(ai) St Joseph’s Foundling Hospital (Broadmeadows VIC);

(aj) St Joseph’s Receiving Home (Carlton VIC);

(ak) St Anthony’s Home (Kew VIC);

(al) St Joseph’s Home (Surrey Hills VIC);

(am) St Anthony’s Family Service (Footscray VIC);

(an) St Joseph’s Children’s Home (Flemington VIC);

(ao) St Joseph’s Babies and Family Service (Glenroy VIC);

(ap) St Thomas More’s Convent Boarding (Newstead TAS);

(aq) St Joseph’s Juniorate (Cowandilla SA);

(ar) St Joseph’s Juniorate (Aldgate SA);

(as) St Joseph’s Convent Boarding (Port Lincoln SA);

(at) St Joseph’s Children’s Home (Largs Bay SA);

(au) St Joseph’s Refuge (Fullarton SA);

(av) St Joseph’s Preventorium (Kellerberrin WA);

(aw) St Gertrude’s School (New Norcia WA);

(ax) Mary MacKillop College (QLD Nundah);

(ay) St Joseph’s Convent Boarding (QLD Dirranbandi);

(az) St Joseph’s Convent Boarding (QLD Qiuilpie);

(ba) St Joseph’s Convent Boarding (QLD St George);

(bb) St Joseph’s Convent Boarding (QLD Julia Creek);

(bc) St Joseph’s Convent Boarding (QLD Clermont);

(bd) St Joseph’s Convent Boarding (QLD Augathella);

(be) St Joseph’s Convent Boarding (QLD Texas).

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 1) Declaration 2019 is an instrument made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Enacted by Paul Fletcher, the Minister for Families and Social Services, the legislation aims to amend and expand the definitions and scope of institutions eligible for participation in the National Redress Scheme, which provides compensation and support to victims of institutional child sexual abuse. This amendment addresses gaps in the original legislation by refining the types of institutions covered and ensuring that the redress scheme appropriately reflects the breadth of entities involved in such abuses. The policy objective of the amendment is to ensure that the redress scheme adequately supports all victims by including additional institutions within its scope.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 1) Declaration 2019 is a legislative instrument designed to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It applies to specific institutions and entities involved in institutional child sexual abuse cases across Australia. This instrument modifies the list of participating institutions, adding new institutions and excluding others from the scheme, thereby expanding the geographic and jurisdictional reach to include more institutions while also refining the scope by excluding certain types of institutions and defunct entities. The amendments are effective from the day after the instrument is registered, and they are made under the authority granted by the Act. Subordinate instruments may further extend or restrict the application of this Act as deemed necessary.

Key Provisions

The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 1) Declaration 2019 amend the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This amendment introduces new definitions and institutions eligible for the scheme. Section 6 of the Declaration now includes institutions that have been superseded by others, abolished institutions of specified types, and certain State institutions, excluding universities, residential colleges of universities, and local councils. The changes also specify additional institutions and entities, such as the Sisters of St Joseph of the Sacred Heart institutions, the Australian Catholic Redress Limited, and several Anglican and Catholic entities. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that institutions listed under the scheme are accurately identified and that any superseded or abolished institutions are appropriately recognised. Institutions and entities named in the amended sections must comply with the scheme’s provisions for providing redress to victims of institutional child sexual abuse. This includes participating in the scheme, maintaining necessary records, and cooperating with the scheme’s administrators. The Act also mandates that institutions provide information and documentation that may be required to process claims and provide redress to victims. The legislation outlines specific offences, penalties, and consequences for breach, although the primary focus of the amendment is on eligibility and definitions rather than penalties. However, it is implied that failure to comply with the scheme’s requirements could lead to legal consequences under the overarching National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Penalties for non-compliance may include fines, legal actions, or other sanctions as stipulated in the parent Act. The exact penalties are not detailed in the amendment itself but are available within the main Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.