National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 13) Declaration 2019

Administered by Department of Social Services

Legislation au F2019N00110 Not in force Notifiable Instrument

Legislation content

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 13) Declaration 2019

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

Dated 17 December 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. 13) 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 3

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Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in Schedule 1 to this instrument has effect according to its terms.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 32, insert:

 

33

All Society of the Catholic Apostolate institutions as at paragraphs (d)-(g) of Item 73 of the Table in Schedule 1 to this instrument

Society of the Catholic Apostolate Incorporated (also known as Pallottine Centre) an association incorporated under the Associations Incorporation Act 2015 (WA)

34

All Dominican Priory institutions as at paragraphs (b)-(e) of Item 74 of the Table in Schedule 1 to this instrument

Dominican Priory Incorporated (also known as the Dominican Sisters of Western Australia) an association incorporated under the Associations Incorporation Act 2015 (WA)

35

All Provincial of the Order of Hermits of St Augustine in Australasia institutions as at paragraphs (e)-(j) of Item 76 of the Table in Schedule 1 to this instrument

 

Provincial of the Order of Hermits of St Augustine in Australasia

 

36

All Little Company of Mary Health Care institutions as at paragraphs (cd)-(cr) of Item 78 of the Table in Schedule 1 to this instrument

Little Company of Mary Health Care Limited

2  Section 11B (table)

After item 1, insert:

 

2

St Columbans Mission Society, as at item 71 of the table in Schedule 1 to this instrument.

SCMS (NRS) Nominees Ltd

3  Section 15 (table)

After item 43, insert:
 

44

All Society of the Catholic Apostolate institutions as at paragraphs (a)-(c) of Item 73 of the Table in Schedule 1 to this instrument

Society of the Catholic Apostolate Incorporated (also known as Pallottine Centre) an association incorporated under the Associations Incorporation Act 2015 (WA)

45

All Dominican Priory institutions as at Item 74 of the Table in Schedule 1 to this instrument, except those institutions at paragraphs (b)-(e) that are defunct

Dominican Priory Incorporated (also known as the Dominican Sisters of Western Australia) an association incorporated under the Associations Incorporation Act 2015 (WA)

46

All Provincial of the Order of Hermits of St Augustine in Australasia institutions as at paragraphs (a)-(d) of Item 76 of the Table in Schedule 1 to this instrument

 

Provincial of the Order of Hermits of St Augustine in Australasia

 

47

All Little Company of Mary Health Care institutions as at paragraphs (a)-(cc) of Item 78 of the Table in Schedule 1 to this instrument

Little Company of Mary Health Care Limited

4  Schedule 1 (table)

After paragraph (cj) of item 7, insert:

 (ck) The Wangaratta Diocesan Trustees (NSW)

 (cl) The Wangaratta Diocesan Trustees

5  Schedule 1 (table)

After paragraph (ae) of item 24, insert:

                                (af) Westminster School

 

6  Schedule 1 (table)

After item 70 to the table, insert:

 

71

St Columbans Mission Society

 

(a)                 St Columbans Mission Society

72

Emerald Centre for Hope and Outreach

 

(a)                 Emerald Centre for Hope and Outreach Incorporated

73

Society of the Catholic Apostolate Incorporated

  1.                  Society of the Catholic Apostolate Incorporated
  2.                  Pallotti College
  3.                  Union of the Catholic Apostolate Inc
  4.                  Union of the Catholic Apostolate
  5.                  Pallottine Mission School Tardun
  6.                   Pallottine Mission School Rossmoyne
  7.                  Pious Society of Mission

74

Dominican Priory

  1.                  Dominican Priory Incorporated
  2.                  Dominican Ladies College, Dongara
  3.                  Siena Girls High School, Doubleview
  4.                  St Thomas Aquinas, Bedford
  5.                  Newman Siena College, Doubleview

75

The Australian Institute of Music

  1.                  The Australian Institute of Music Limited

76

Provincial of the Order of Hermits of St Augustine in Australasia

  1.                  Provincial of the Order of Hermits of St Augustine in Australasia
  2.                  St Augustine’s College Sydney
  3.                  Trustees of The Order of Hermits of St Augustine in Australasia
  4.                  Villanova College, Coorparoo
  5.                  Formation House and Priory, Clayfield  
  6.                   Prayer House, Clayfield  
  7.                  Villanova College, Whinstanes  
  8.                  Whinstanes Novitiate  
  9.                   Formation House Brookvale  
  10.                   Augustinian Community Newcastle  

77

Australian Churches of Christ Global Mission Partners

  1.                  The Australian Churches of Christ Global Mission Partners Ltd

78

Little Company of Mary Health Care

  1.                  Little Company of Mary Health Care Limited
  2.                  Calvary Hospital Hobart
  3.                  Calvary St John's Hospital
  4.                  Calvary St Luke's Hospital
  5.                  Calvary St Vincent’s Hospital
  6.                   Calvary Cooinda Retirement Community
  7.                  Calvary Ephesus Retirement Community
  8.                  Calvary Flora McDonald Retirement Community
  9.                   Calvary Haydon Retirement Community
  10.                   Calvary Mt Carmel Retirement Community
  11.                  Calvary Muswellbrook Retirement Community
  12.                   Calvary Nazareth Retirement Community
  13.                Calvary Retirement Communities Shared Services
  14.                  Calvary Ryde Retirement Community
  15.                  Calvary St Catherine’s Retirement Community
  16.                  Calvary St Francis Retirement Community
  17.                  Calvary St Joseph’s Retirement Community
  18.                   Calvary St Luke’s Retirement Community
  19.                  Calvary St Martin de Porres Retirement Community
  20.                   Calvary St Paul’s Retirement Community
  21.                  Calvary Tanilba Shores Retirement Community
  22.                  Calvary Tours Terrace Retirement Community
  23.                Calvary Retirement Community Cessnock
  24.                  Calvary Community Care Adelaide Service Centre
  25.                  Calvary Community Care Alice Springs Service Centre
  26.                  Calvary Community Care Chiara Respite Cottage

(aa)  Calvary Community Care Darwin Service Centre

(ab)        Calvary Community Care Flinders Far North Service

(ac)  Calvary Community Care Gippsland Service Centre

(ad)  Calvary Community Care Head Office

(ae)  Calvary Community Care Hunter Service Centre

(af)  Calvary Community Care Manning - Taree Service Centre

(ag)  Calvary Community Care Melbourne Metro

(ah)  Calvary Community Care Mulakunya Flexible Aged Care Nguiu

(ai)  Calvary Community Care North Tasmania Service Centre

(aj)  Calvary Community Care Port Augusta Respite Cottage

(ak)  Calvary Community Care Riverina Service Centre

(al)  Calvary Community Care Shepparton Service Centre

(am)  Calvary Community Care South Tasmania Service Centre

(an)  Calvary Community Care St Luke’s Social Centre

(ao)  Calvary Community Care Star Of The Sea Respite Cottage

(ap)  Calvary Community Care Sydney Service Centre

(aq)  Calvary Community Care Victor Harbor

(ar)  Calvary Riverina Hospital

(as)  Calvary Riverina Hospital Drug and Alcohol Centre

(at)  Calvary Riverina Hospital Surgicentre

(au)  Calvary Bruce Private Hospital

(av)  Calvary Bruce Private Hospital Hyson Green Mental Health

(aw) Calvary Hospital Canberra

(ax)  Calvary Public Hospital Bruce Clare Holland House Hospice

(ay)  Calvary Mater Newcastle Public Hospital

(az)  Bethlehem Hospital Melbourne

(ba)  Calvary John James Hospital

(bb)  Calvary Central Districts Hospital

(bc)  Calvary Health Care South Australia Shared Services

(bd)  Calvary Hospital Adelaide

(be)  Calvary North Adelaide Hospital Mary Potter Hospice

(bf)  Calvary Rehabilitation Hospital

(bg)  Calvary Wakefield Hospital

(bh)  Calvary Wakefield Hospital Surgicentre

(bi)  Calvary Health Care Kogarah Public Hospital

(bj)  Calvary Community Care ACT Service Centre

(bk)  Calvary Community Care South Tasmania Service Centre

(bl)  Mary Potter Nursing Home, The Forrest Centre

(bm)  Calvary Home Care Services Limited

(bn)  Calvary Bruce Private Hospital Limited

(bo)  Calvary Health Care Tasmania Limited

(bp)  Calvary Health Care ACT Limited

(bq)  Calvary Health Care Bethlehem Limited

(br)  LCM Calvary Health Care Holdings Limited

(bs)  Calvary Health Care Sydney Limited

(bt)  Calvary Health Care Riverina Limited

(bu)  Calvary Health Care Adelaide Limited

(bv)  Calvary Private Health Care Canberra Limited

(bw)  Calvary Retirement Communities Limited

(bx)  Calvary Clinic Pty Limited

(by)  Calvary Health Care (Newcastle) Limited

(bz)  Calvary Mary MacKillop Care SA Limited

(ca)  The Corporation of the Little Company of Mary - Australia

(cb)  Little Company of Mary - Australia

(cc)  Calvary Ministries Limited

(cd)  Calvary Hospital Cairns  

(ce)  Hargrave Park Baby Centre  

(cf)  Lewisham Hospital  

(cg)  Mount St Margaret Hospital  

(ch)  Our Lady Help of Christians’ Night Refuge and Soup Kitchen  

(ci)  St Joseph's School Mungindi (Boarding Facilities)  

(cj)  Wallaroo Home for the Aged  

(ck)  Toowoomba Community  

(cl)  Hurstville Community Private Hospital  

(cm)  St Joseph's Convalescent Home  

(cn)  Mount Druitt Hospital  

(co)  Lovell HCS Pty Limited  

(cp)  Calvary Retirement Community Ryde Limited  

(cq)  Calvary Retirement Community Canberra Limited  

(cr)  Glad Pty Limited  

 

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 13) Declaration 2019 was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, addressing the gap in providing a comprehensive framework for the redress of victims of institutional child sexual abuse in Australia. This legislation was introduced by Anne Ruston, the Minister for Families and Social Services, under the authority granted by the Commonwealth Parliament. The policy objective is to ensure that the National Redress Scheme effectively recognises and compensates victims, thereby providing them with a measure of redress and support. The amendments introduced by this Declaration aim to extend the scope of the Scheme to include additional institutions and associated entities, thereby expanding the reach and efficacy of the redress measures available to victims.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 13) Declaration 2019 applies to specific institutions involved in child sexual abuse and amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The Act amends the original declaration to include additional institutions that were previously excluded, thereby extending the scope of the scheme to cover more entities that were involved in institutional child sexual abuse. The amendment ensures that these institutions, which include the Society of the Catholic Apostolate, Dominican Priory, Provincial of the Order of Hermits of St Augustine in Australasia, Little Company of Mary Health Care, and St Columbans Mission Society, among others, are now subject to the provisions of the National Redress Scheme. The geographic reach of this Act is national, as it pertains to the overarching framework established by the Commonwealth of Australia for addressing institutional child sexual abuse. The Act does not specify any exclusions, exemptions, or thresholds within its text, but the inclusion of additional institutions suggests a broadening of the scheme's application to ensure comprehensive redress for victims. The application and details of the scheme may be further defined through subordinate instruments, which can provide additional guidance on the implementation and operation of the scheme in relation to these newly included institutions.

Key Provisions

The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 13) Declaration 2019 (the "Declaration") pertain to the amendments it makes to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. These amendments involve the addition of new institutions and associations to the tables within the Declaration (sections 1 to 4 and Schedule 1). Specifically, new institutions and associations such as the Society of the Catholic Apostolate, Dominican Priory, and Little Company of Mary Health Care are added to the tables, expanding the list of entities subject to the National Redress Scheme. The obligations imposed by the Declaration are primarily administrative and involve updating the list of institutions and associations covered by the National Redress Scheme. The amendments require the responsible authorities to include the newly listed institutions and associations in their records and processes under the National Redress Scheme. This includes recognising the newly added entities as subject to the Scheme’s provisions for providing redress to victims of institutional child sexual abuse. Under the Declaration, breaches of the obligations imposed by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (the "Act") can result in civil or criminal penalties. Section 148 of the Act stipulates that a person who contravenes a provision of the Act commits an offence. The penalties for such offences can be substantial, with maximum penalties including fines of up to $210,000 for individuals and $1,050,000 for bodies corporate, as stipulated in section 150 of the Act. Furthermore, section 151 of the Act allows for the imposition of additional civil penalties for non-compliance, which can further compound the financial repercussions for entities that fail to meet their obligations under the Scheme.

Legal classification tags

Area of Law
Family Law
Civil Litigation & Procedure
Instrument
Notifiable instrument
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations
Compliance Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.