National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 10) Declaration 2019

Administered by Department of Social Services

Legislation au F2019N00079 Not in force Notifiable Instrument

Legislation content

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 10) Declaration 2019

I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.

Dated 22 October 2019    

Anne Ruston

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. 10) 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. Sections 1 to 4 and anything in Schedule 1 not elsewhere covered by this table

The day after this instrument is registered.  

 

2. Schedule 1, item 4

Immediately after the commencement of the provisions covered by table item 1.

 

Note: This table relates only to the provisions of this instrument as originally made.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 subsection 115(2) and sections 119, 134 and 137 of 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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 11 (table)

After item 24, insert:
 

25

All Hospitaller Brothers of St. John of God institutions as at paragraphs (f) and (g) of Item 54 of the table in Schedule 1 to this instrument

Trustees of the Hospitaller Brothers of St. John of God

26

All Missionaries of the Sacred Heart institutions as at paragraphs (q)-(s) of Item 55 of the Table in Schedule 1 to this instrument

The Corporation of the Society of the Missionaries of the Sacred Heart

27

All Sisters of the Good Samaritan institutions as at paragraphs (h)-(ao) of Item 59 of the Table in Schedule 1 to this instrument

Trustees of the Sisters of the Good Samaritan

2  Section 15 (table—item 13)

Omit the words ‘, except the institution listed in paragraph (ac) of Item 24 of the table in Schedule 1’

3  Section 15 (table—item 30)

Omit the words ‘paragraphs (a)-(c) of’ from column 1 of item 30 to the table.

4  Section 15 (table)

After item 31, insert:
 

32

All Hospitaller Brothers of St. John of God institutions as at paragraphs (a)-(e) of Item 54 of the Table in Schedule 1 to this instrument, except those institutions at paragraph (b) that are defunct

Trustees of the Hospitaller Brothers of St. John of God

33

All Missionaries of the Sacred Heart institutions as at paragraphs (a)-(p) of Item 55 of the Table in Schedule 1 to this instrument

The Corporation of the Society of the Missionaries of the Sacred Heart

34

All CCS Providence Ltd institutions as at Item 57 of the Table in Schedule 1 to this instrument

CCS Providence Ltd

35

All Sisters of the Good Samaritan institutions as at paragraphs (a)-(g) of Item 59 of the Table in Schedule 1 to this instrument, except those institutions at paragraph (b) that are defunct

Trustees of the Sisters of the Good Samaritan

5  Schedule 1 (table—item 7)

After paragraph (cb), insert:

 (cc) Anglican Property Trust Diocese of Bathurst;

 (cd) Anglicare WA Inc.

6  Schedule 1 (table—item 21)

After paragraph (cn), insert:

 (co) Kojonup Baptist Church

 (cp) Bethel Christian School Albany

 (cq) Emmanuel Christian Community School Incorporated

 (cr) Goldfields Baptist College Incorporated

 (cs) The Lake Joondalup Baptist College Inc

7  Schedule 1 (table—item 30)

After paragraph (ht), insert:

 (hu) North Balwyn Baptist Church

8  Schedule 1 (table)

After item 53 to the table, insert:

 

54

Hospitaller Brothers of St. John of God

 

  1.                   Trustees of the Hospitaller Brothers of St. John of God (meaning the body corporate established by the Roman Catholic Church Communities’ Lands Act 1942 (NSW))

(b) Any part of the Hospitaller Brothers of St. John of God (also known as the St John of God Brothers or the Hospitaller Order of St John of God), including any works which are or were, at the relevant time, canonically subject to the authority of the Provincial of the Hospitaller Brothers of St. John of God, whether incorporated or unincorporated and whether still existing or now defunct

(c) The Trustees of the Hospitaller Order of St John of God, being an unincorporated association

(d) St John of God Family Services Limited

(e) Aseporo Pty. Limited

(f) Angulo Pty Ltd

(g) Oropesa Pty Ltd

55

Missionaries of the Sacred Heart

 

(a) The Corporation of the Society of the Missionaries of the Sacred Heart

(b) The Missionaries of the Sacred Heart (being the Unincorporated Religious and Charitable Association)

(c) Chevalier College, Burradoo, NSW

(d) Daramalan College Limited, Dickson, ACT

(e) Downlands College Limited, Toowoomba, Qld

(f) Monivae College, Hamilton, VIC

(g) Sacred Heart Monastery, Kensington, NSW

(h) MSC Mission Office Australia Limited, Kensington, NSW

(i) Heart of Life Spirituality Centre, Douglas Park, NSW

(j) Chevalier Resource Centre, Kensington, NSW

(k) MSC St Mary’s Tower Retreat Centre, Douglas Park, NSW

(l) MSC St Mary’s Tower Church, Douglas Park, NSW

(m) Heart of Life Spirituality Centre, Box Hill, VIC

(n) Shoreham Retreat House, Shoreham, VIC

(o) Cluskelly Formation House, Blackburn, VIC

(p) Douglas Park Novitiate, Douglas Park, NSW

(q)  Apostolic School, Douglas Park, NSW

(r) Canberra Monastery, ACT

(s) Sacred Heart Theological College, Croydon, VIC

56

SCEGGS Darlinghurst

(a)  SCEGGS Darlinghurst Ltd

57

Confraternity of Christ the Priest

 

  1.                  CCS Providence Limited
  2.                  Confraternity of Christ the Priest
  3.                  Confraternity of Christ the Priest Corporation

58

Berry Street Victoria

  1.                  Berry Street Victoria Inc

59

Sisters of the Good Samaritan

 

  1.                  Trustees of the Sisters of the Good Samaritan
  2.                  Any part of the Sisters of the Good Samaritan (also known as the Sisters of the Good Samaritan of the Order of Saint Benedict), including any works which are or were, at the relevant time, canonically subject to the authority of the Congregation Leader of the Sisters of the Good Samaritan, whether incorporated or unincorporated and whether still existing or now defunct.
  3.                  Sisters of the Good Samaritan Foundation Limited
  4.                  Good Samaritan Education
  5.                  Good Samaritan Housing
  6.                   Good Samaritan Inn Limited
  7.                  Sisters of the Good Samaritan Wivenhoe Environment and Conservation Ltd
  8.                  The Trustee for the Sisters of the Good Samaritan Foundation
  9.                   St Bede’s Convent Boarding
  10.                   St John's Boys’ Preparatory School
  11.                  St Mary’s Convent Boarding, Charters Towers
  12.                   St Benedict’s Business College
  13.                St James & St John Convent Boarding
  14.                  St Brendan’s Convent Boarding
  15.                  St Joseph’s Convent Boarding, Gayndah
  16.                  Sacred Heart Convent Boarding
  17.                  St Joseph’s Convent Boarding, Kerang
  18.                   Santa Maria Convent Boarding
  19.                  St Patrick’s Convent Boarding
  20.                   St Mary’s Convent Boarding, Moruya
  21.                  St Joseph’s Convent Boarding, Nambour
  22.                  St Monica’s Convent Boarding
  23.                St John’s Convent Boarding
  24.                  St Francis de Sales Convent Boarding
  25.                  St Mary’s Convent Boarding, Warren
  26.                  St Joseph’s High School
  27.               St Joseph’s Primary School

(ab) Mater Dei Orphanage

(ac) St Magdalen’s Retreat

(ad) Good Samaritan Training Centre

(ae) St Patrick’s Convent Primary School

(af) St Patrick’s Convent High School

(ag) St Patrick’s High School

(ah) St Mary of the Angels College

(ai) St Mary of the Angels Junior School

(aj) St Mary of the Angels Rosebank Juniorate

(ak) St Scholastica’s Junior School

(al) Lourdes Hill Junior School

(am) Stella Maris Junior School

(an) Santa Maria Junior School

(ao) St Mary’s Junior School

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 10) Declaration 2019, made by Anne Ruston, Minister for Families and Social Services, aims to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was enacted to address the problem and gap of providing a scheme for the redress of survivors of child sexual abuse that occurred in certain institutional settings in Australia. The enacting body of this amendment is the Parliament of Australia, with the policy objective of ensuring that the scheme remains comprehensive and inclusive of all relevant institutions and entities that have been involved in institutional child sexual abuse. This amendment specifically focuses on updating the list of institutions and entities covered under the scheme to include additional organisations and to make necessary modifications to ensure clarity and accuracy.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 10) Declaration 2019, made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, amends the existing legislation to expand the list of institutions covered by the scheme. This amendment applies to both incorporated and unincorporated entities and covers institutions that were canonically subject to the authority of specified religious orders or their trustees, including the Hospitaller Brothers of St. John of God, the Missionaries of the Sacred Heart, and the Sisters of the Good Samaritan, among others. The amendments include specific institutions such as schools, colleges, and other affiliated entities listed in the schedules of the Declaration. These changes extend the geographic reach of the scheme nationally, ensuring that the redress scheme encompasses a broader range of institutions implicated in institutional child sexual abuse. The amendments are effective from the day after the Declaration is registered, with certain provisions commencing immediately after the initial effective date. The Declaration does not specify any exclusions or thresholds but allows for further amendments through subordinate instruments as needed.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 10) Declaration 2019 introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, particularly through modifications to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The key changes are detailed in Schedule 1, which amends the list of institutions covered under the Act. Specifically, new institutions such as the Hospitaller Brothers of St. John of God, Missionaries of the Sacred Heart, and Sisters of the Good Samaritan are added to the list, along with their respective trustees and associated entities. Additionally, the declaration removes certain exceptions previously noted in the Act, thereby expanding the scope of institutions subject to its provisions. The obligations imposed by these amendments require the newly included institutions to comply with the reporting and redress mechanisms established under the Act. This includes the obligation to report incidents of institutional child sexual abuse and to participate in the scheme's processes for providing redress to victims. The institutions must also ensure that their governance structures support the implementation of these obligations, including the appointment of responsible officers who can liaise with the relevant authorities. Failure to comply with the amended provisions can result in significant consequences. The Act stipulates that non-compliance may be grounds for legal action, including civil penalties. The potential penalties for non-compliance are not explicitly stated in the text provided but generally, under the Act, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific breaches and the discretion of the court in applying the law. It is important for the affected institutions to ensure full compliance to avoid these potential sanctions.

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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.