National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 3) Declaration 2019

Administered by Department of Social Services

Legislation au F2019N00022 Not in force Notifiable Instrument

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National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 3) Declaration 2019

 

 

 

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

Dated 26 February 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. 3) 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Note: This table relates only to the provisions of this instrument as originally made.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 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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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)

6

The De La Salle Brothers institutions included in a class of participating non-government institutions, as at paragraph (b) of Item 16 of the table in Schedule 1 to this instrument, that are defunct.

Trustees of the De La Salle Brothers

7

All Christian Brothers institutions as at paragraphs (g) – (h) of Item 20 of the table in Schedule 1 to this instrument.

Trustees of the Christian Brothers

8

All Baptist Church Western Australia institutions as at paragraphs (bw) – (cn) of Item 21 of the table in Schedule 1 to this instrument

The Baptist Union of Western Australia Incorporated

9

All Baptist Church Tasmania institutions as at paragraphs (ad) – (az) of Item 22 of the table in Schedule 1 to this instrument

Baptist Union of Tasmania

10

All Marist Brothers institutions included in a class of participating non-government institutions, as at paragraph (b) of Item 23 of the table in Schedule 1 to this instrument, that are defunct

Trustees of the Marist Brothers

Repeal Item 6, insert:

 

2  Section 15 (table)

Repeal Items 7 and 8, insert:

 

7

All De La Salle Brothers institutions as at Item 16 of the table in Schedule 1 to this instrument

Trustees of the De La Salle Brothers

8

All Sisters of Mercy Australia and Papua New Guinea institutions as at Item 19 of the table in Schedule 1 to this instrument

Mercy Support Ltd

9

All Christian Brothers institutions as at paragraphs (a) – (f) of Item 20 of the table in Schedule 1 to this instrument

Trustees of the Christian Brothers

10

All Baptist Church Western Australia institutions as at paragraphs (a) to (bv) of Item 21 of the table in Schedule 1 to this instrument

The Baptist Union of Western Australia Incorporated

11

All Baptist Church Tasmania institutions as at paragraphs (a) to (ac) of Item 22 of the table in Schedule 1 to this instrument

Baptist Union of Tasmania

 

12

All Marist Brothers institutions as at Item 23 of the table in Schedule 1 to this instrument except any defunct institution declared a participating institution under this instrument in paragraph (b) of Item 23 of the table in Schedule 1

Trustees of the Marist Brothers

3  Schedule 1 (table)

After paragraph (p) of Item 7 to the table, insert:

(q) Synod of Diocese of Adelaide of Anglican Church of Aust Inc;

(r) Moore Theological College Council;

(s) St Andrew’s House Corporation.

3  Schedule 1 (table)

Repeal Item 16 to the table, substitute:

16

De La Salle Brothers

 

  1.                  Trustees of the De La Salle Brothers (meaning the body corporate established by the Roman Catholic Church Communities’ Lands Act 1942 (NSW))
  2.                  The religious congregation known as the De La Salle Brothers, including those schools and works which are or were at the relevant time canonically subject to the authority of the Provincial (Visitor) of the De La Salle Brothers, whether as an unincorporated association or as an incorporated entity and whether still existing or now defunct;
  3.                  Lasallian Mission Council;
  4.                  Yourtown;
  5.                  St. Michael’s College Adelaide
  6.                   Oakhill College;
  7.                  St Bede’s College;
  8.                  De La Salle College.

4  Schedule 1 (table)

After Item 19, insert

20

Christian Brothers

(a) Trustees of the Christian Brothers (meaning the body corporate established by the Roman Catholic Church Communities’ Lands Act 1942 (NSW));

(b) Any part of the  Brothers of the Christian Schools of Ireland (also known as the Christian Brothers), including any works (incorporated or unincorporated) which are or were, at the relevant time, canonically subject to the authority of the Provincial (visitor) of the Brothers of the Christian Schools of Ireland.

(c) Trustees of the Christian Brothers (Queensland);

(d) Trustees of The Christian Brothers in Western Australia Incorporated;

(e) Christian Brothers Vic Property Ltd;

(f) Edmund Rice Services Limited;

(g) Edmund Rice Camps (SA) Inc;

(h) Edmund Rice Camps Incorporated.

 


21

Baptist Church Western Australia

(a) The Baptist Union of Western Australia Incorporated

(b) 1Church Incorporated

(c) Albany Baptist Church Incorporated

(d) Australind Baptist Church Inc

(e) Beaumaris Community Baptist Church

(f) Bellevue Baptist Church

(g) Bentley Baptist Church Incorporated

(h) Broome Baptist Church

(i) Bunbury Baptist Church Inc

(j) Busselton Baptist Community Church Incorporated

(k) Byford Baptist Church Incorporated

(l) Carey Baptist Church Inc.

(m) Chidlow Community Church Incorporated

(n) Claremont Baptist Church Inc

(o) Coastal Community Church Incorporated

(p) Collie Baptist Church Inc.

(q) Como Baptist Church Inc.

(r) Cornerstone Community Baptist Church

(s) Craigie Baptist Church

(t) Cranbrook-Frankland Baptist Church

(u) Dalkeith Baptist Church

(v) Dalwallinu Baptist Church

(w) Denmark Baptist Church Inc

(x) Derby Baptist Church (Inc)

(y) East Fremantle Baptist Church Inc

(z) Eaton Baptist Church

(aa) Ellenbrook Community Baptist Church

(ab) Esperance Baptist Church

(ac) Geraldton Baptist Church Incorporated

(ad) Girrawheen Baptist Church Inc

(ae) Gnowangerup Baptist Church (Incorporated)

(af) Golden Bay Baptist Church

(ag) Hedland Baptist Church

(ah) Inglewood Community Church Inc

(ai) Kalgoorlie Baptist Church Inc

(aj) Karratha Baptist Church

(ak) Katanning Baptist Church

(al) Kelmscott Baptist Church

(am) Kununurra Baptist Fellowship

(an) Lake Joondalup Baptist Church Incorporated

(ao) Lakeside Baptist Church Inc

(ap) Lesmurdie Baptist Church Inc

(aq) Maida Vale Baptist Church Inc

(ar) Manjimup Baptist Church

(as) Margaret River Baptist Church Inc

(at) Melville Baptist Church (Incorporated)

(au) Moora Baptist Church

(av) Morley Baptist Church Incorporated

(aw) Mount Barker Baptist Church

(ax) Mount Pleasant Baptist Church Inc

(ay) Mt Hawthorn Baptist Church Inc.

(az) Narrogin Baptist Church

(ba) Newman Baptist Church

(bb) North Beach Baptist Church Inc

(bc) Parkerville Baptist Church

(bd) Perth Baptist Church Incorporated

(be) Perth Chinese Baptist Church Incorporated

(bf) Baptist Church Pingelly

(bg) Quinns Community Baptist Church

(bh) Riverton Baptist Community Church

(bi) Rockingham Baptist Church Inc

(bj) Scarborough Baptist Church Inc

(bk) South Perth Baptist Church

(bl) The Gosnells Baptist Church Inc

(bm) The Sanctuary Community Church

(bn) Thornlie Baptist Church

(bo) Tom Price Paraburdoo Baptist Church

(bp) Toodyay Baptist Church

(bq) Wagin Baptist Church Incorporated

(br) Waratah Christian Community Inc

(bs) Wattle Grove Baptist Church Inc

(bt) Woodvale Baptist Church Inc

(bu) Yangebup Baptist Church

(bv) Yokine Baptist Church

(bw) Marribank

(bx) Katakutu Boys’ Hostel

(by) Kyewong Girls’ Hostel

(bz) Attadale Baptist Church Inc

(ca) Bayswater Baptist Church

(cb) Bedford Baptist Church

(cc) Boddington Baptist Church

(cd) Carnarvon Baptist Church

(ce) Cartmeticup Baptist Church

(cf) Coolbellup Charismatic Baptist Church

(cg) Dwellingup Baptist Church

(ch) Mt Hawthorn Baptist Church Egina St

(ci) Foothills Christian Centre

(cj) Fremantle Baptist Church

(ck) Leederville Baptist Church

(cl) Mosman Park Community Church

(cm) Victoria Park/Carlisle Baptist Church

(cn) Woodanilling-Cartmeticup Baptist Church

 


22

Baptist Church Tasmania

(a) Baptist Union of Tasmania

(b) Bracknell District Baptist Church

(c) Burnie Baptist Church

(d) City Baptist Church

(e) Citywide Baptist Church

(f) Claremont Baptist Church

(g) Coastlands Baptist Church

(h) Deloraine Baptist Church

(i) Gateway Baptist Church

(j) George Town Baptist Church

(k) Hobart Baptist Church

(l) Latrobe Baptist Church

(m) Lifeway (Devenport) Baptist Church

(n) Lower Barrington Baptist Church

(o) Marrawah Baptist Church

(p) Newstead Baptist Church

(q) Penguin Baptist-Church

(r) Perth Baptist Church

(s) Riverlands (Longford Baptist) Church

(t) Sassafras Baptist Church

(u) Sheffield District Baptist Church

(v) Smithton Baptist Church

(w) Somerset Baptist Church

(x) Summerhill Baptist Church

(y) The Point Baptist Church

(z) Ulverstone Baptist Church

(aa) Westbury Baptist Church

(ab) Wynyard Baptist Church

(ac) Yolla Baptist Church

(ad) City Gate Baptist Church

(ae) Clarence Baptist Church

(af) Eastern Shore Baptist

(ag) Elphin Road Church

(ah) Eskdale Chapel

(ai) Formby Baptist Church

(aj) Hobart Particular Baptist Church

(ak) Hobart South Baptist Church

(al) Kings Meadows Baptist Church

(am) Launceston Central Baptist Church

(an) Launceston Memorial Baptist Church

(ao) Launceston Tabernacle

(ap) Lenah Valley Baptist Church

(aq) Liffey Baptist Church

(ar) Lilydale Baptist Church

(as) Montello Baptist church

(at) Moonah Baptist Church

(au) Newnham Baptist Church

(av) Ravenswood Baptist church

(aw) Sandy Bay Baptist Church

(ax) Stanley Baptist Church

(ay) Taroona Baptist Church

(az) York Street Particular Baptist

23

Marist Brothers

(a) Trustees of the Marist Brothers (established as a body corporate by the Roman Catholic Church Communities’ Lands Act 1942 (NSW));

(b) Any part of the religious congregation, order or group known as the Marist Brothers, the Marist Brothers of the Schools, or the Marist Brothers Province of Australia, including any works which are or were at the relevant time canonically subject to the authority of the Provincial or Superior General of the Marist Brothers, whether as an unincorporated association or as an incorporated entity and whether still existing or now defunct.

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 3) Declaration 2019 was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, addressing gaps and issues identified in the initial framework. This legislation was introduced by the Parliament of Australia and aims to ensure the Scheme is robust and inclusive, covering additional institutions and trustees responsible for redress payments. The enacting body is the Commonwealth of Australia, and the policy objective is to provide comprehensive redress for victims of institutional child sexual abuse, ensuring that all responsible parties are appropriately identified and held accountable. The Declaration introduces amendments to the original Act, specifying additional institutions and trustees to be included in the Scheme. These amendments aim to expand the scope of the National Redress Scheme, ensuring that more victims have access to redress and that all responsible parties are identified. By amending the original Act, the legislation seeks to address any gaps or oversights in the initial framework, ensuring that the Scheme is as comprehensive as possible in providing redress to victims of institutional child sexual abuse.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 3) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, which was made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislative instrument applies to institutions that have been identified as participating in child sexual abuse, as listed in the schedule of the amended declaration. The amendment process involves repealing and inserting new items to include additional institutions and trustees responsible for those institutions. The scope of the legislation extends to defunct institutions and their trustees, ensuring that all relevant parties are covered under the redress scheme. The amendments also include the addition of new institutions and trustees, reflecting an ongoing effort to expand the scheme's coverage to encompass more institutions implicated in child sexual abuse. The geographic reach of this legislation is national, as it pertains to institutions across Australia. This amendment does not introduce any new exclusions or exemptions, maintaining the integrity of the redress scheme by ensuring that all eligible institutions and their trustees are accountable for the abuse that occurred within their purview.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 3) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The instrument commences on the day after it is registered (section 2). This Declaration is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (section 3). The amendments are detailed in Schedule 1. The main changes include the addition and modification of institutions and trustees that are participating in the scheme. Under this Declaration, various institutions and their respective trustees are designated as participating institutions and trustees (Schedule 1, Items 1 to 4). For instance, the De La Salle Brothers institutions, Christian Brothers institutions, Baptist Church Western Australia institutions, Baptist Church Tasmania institutions, and Marist Brothers institutions are identified as participating institutions. The respective trustees for these institutions are also specified. These amendments ensure that the scheme encompasses a broader range of institutions and trustees, facilitating a more comprehensive approach to addressing institutional child sexual abuse. The obligations imposed by this Declaration primarily revolve around the inclusion of specified institutions and trustees in the National Redress Scheme. Participating institutions and trustees are required to adhere to the scheme's provisions, which include offering redress to victims of institutional child sexual abuse. The obligations ensure that these institutions and trustees are accountable and provide support to victims as mandated by the scheme. Breaches of the obligations under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can lead to civil and criminal consequences. For instance, failure to comply with the scheme's requirements may result in legal action against the participating institutions and trustees. The specific penalties for breaches are outlined in the Act and can include fines and other civil penalties. Additionally, criminal offences may apply in certain circumstances, with potential criminal penalties including imprisonment. The exact penalties depend on the nature and severity of the breach.

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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.