National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 11) Declaration 2019
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 12 November 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. 11) 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 5 | 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Note: This table relates only to the provisions of this instrument as originally made.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 sections 115(2), 119, 134(1) and 137(1) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in Schedule 1 to this instrument has effect according to its terms.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 27, insert:
28 | All Vincentian Fathers institutions as at paragraphs (m)–(o) of item 60 of the table in Schedule 1 to this instrument | The Trustees of the Vincentian Fathers (meaning the Body Corporate pursuant to the Roman Catholic Church Communities’ Lands Act 1942 (NSW)) |
2 Section 15 (table—item 32)
Omit the words ‘paragraphs (a)-(e) of’ from column 1 of item 32 of the table.
3 Section 15 (table—item 33)
Omit the words ‘paragraphs (a)-(o) of’ from column 1 of item 33 of the table.
4 Section 15 (table—item 35)
Omit the words ‘paragraphs (a)-(g) of’ from column 1 of item 35 of the table.
5 Section 15 (table)
After item 35, insert:
36 | All Vincentian Fathers institutions as at paragraphs (a)-(l) of Item 60 of the Table in Schedule 1 to this instrument | The Trustees of the Vincentian Fathers (meaning the Body Corporate pursuant to the Roman Catholic Church Communities’ Lands Act 1942 (NSW)) |
37 | All Transform Aid International institutions as at Item 61 of the Table in Schedule 1 to this instrument | Transform Aid International Ltd |
38 | All Daughters of Charity of St Vincent de Paul institutions as at item 62 to this instrument | The Trustees of the Daughters of Charity of St Vincent de Paul |
6 Schedule 1 (table)
After item 59 to the table, insert:
60 | Vincentian Fathers |
| - The Trustees of the Vincentian Fathers (meaning the Body Corporate pursuant to the Roman Catholic Church Communities’ Lands Act 1942 (NSW))
- Any part of the Congregation of the Mission (also known as the Vincentian Fathers) including any works which are or were, at the relevant time, canonically subject to the authority of the Provincial (Visitor) of the Congregation of the Mission (also known as the Vincentian Fathers), whether incorporated or unincorporated and whether still existing or now defunct
- St. Stanislaus’ College Bathurst
- St Stanislaus’ College Old Boys’ Association Incorporated
- Vincare Inc
- Vincentian Retirements Services Limited
- Vincentian Fathers Ashfield
- Vincentian Fathers Bathurst
- Vincentian Fathers Firle (also known as Vincentian Fathers De Paul House)
- Vincentian Fathers Malvern
- Vincentian Fathers Marsfield
- Vincentian Fathers Wandal
- Vincentian Centre Blue View
- Vincentian Fathers Ashmore
- Vincentian Fathers Rugby Road (also known as Vincentian Fathers Morphettville)
|
61 | Transform Aid International |
| - Transform Aid International Ltd
- Baptist World Aid Australia Ltd, in its corporate capacity and in its capacity as trustee for the Baptist World Aid Public Ancillary Fund.
|
|
62 | Daughters of Charity of St Vincent de Paul - Trustees of the Daughters of Charity of St Vincent de Paul
- The Daughters of Charity of St Vincent de Paul
- Hutt Street Centre
- Seton Villa
- St Catherine’s Aged Care Services
- St Mary’s House of Welcome
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 11) Declaration 2019 (F2019N00086) was enacted to address gaps and provide updates to the existing National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This amendment was introduced by the Minister for Families and Social Services, Anne Ruston, and was authorised under sections 115(2), 119, 134(1), and 137(1) of the original Act. The policy objective of this amendment is to ensure that the Scheme remains effective and responsive to the evolving needs of survivors of institutional child sexual abuse by updating the list of institutions and clarifying certain definitions within the Scheme. The amendment includes provisions that will come into effect on the day after the instrument is registered, and certain provisions will take effect immediately after the commencement of the initial provisions.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 11) Declaration 2019I applies to the entities and institutions specifically listed in the amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. These entities include the Trustees of the Vincentian Fathers, Transform Aid International Ltd, and the Trustees of the Daughters of Charity of St Vincent de Paul, along with their associated institutions. The amendments extend the coverage of the Scheme to include additional institutions and entities that were previously excluded. This legislation operates on a national level, as it amends the overarching Act, which itself is designed to provide a coordinated response to institutional child sexual abuse across Australia. The instrument is effective from the day after it is registered, with specific provisions for different sections of the amended declaration to commence on particular dates. While the Declaration expands the scope of the Scheme, it does not explicitly state any exclusions, thereby implicitly including all listed entities and institutions within the purview of the amended Act. The application of this legislation is further defined and potentially expanded through subordinate instruments, which may provide additional details or clarifications on the implementation and administration of the Scheme.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 11) Declaration 2019 (the "Declaration") amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The amendments introduced by this Declaration primarily involve the addition of institutions and their governing bodies to the list of approved entities under the Scheme, as detailed in Schedule 1 (paragraphs 1 to 6). Specifically, this includes the addition of various Vincentian Fathers institutions, Transform Aid International, and Daughters of Charity of St Vincent de Paul institutions.
Under the amended Act, the added institutions and their governing bodies become eligible to participate in the National Redress Scheme. This means they can offer redress to victims of institutional child sexual abuse who were harmed while under their care. The obligations of these entities now include complying with the Scheme's requirements, which may involve providing information, cooperating with investigations, and participating in the redress process as stipulated by the Act.
Breaches of the obligations imposed by the amended Act can result in various consequences. While specific penalties are not detailed in the provided text, it is likely that penalties would align with those set out in the original Act, which may include fines and other civil or criminal sanctions. The severity of penalties would depend on the nature and extent of the breach, with more severe breaches potentially leading to higher fines or other more stringent consequences.