National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 5) Declaration 2019
I, Paul Fletcher, Minister for Families and Social Services, make the following Declaration.
Dated 17/04/2019
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. 5) Declaration 2019.
2 Commencement
- 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
- Section 15 (table)
Repeal Items 13 to 16 to the table, insert:
13 | All Uniting Church in Australia institutions as at Item 24 of the table in Schedule 1 to this instrument | UCA Redress Limited |
14 | All Sisters of Mercy Parramatta institutions as at Item 25 of the table in Schedule 1 to this instrument | The Trustees of the Sisters of Mercy Parramatta |
15 | All Baptist Care (SA) institutions as at Item 27 of the table in Schedule 1 to this instrument | Baptist Care (SA) Incorporated |
16 | All Baptist Churches of NSW and ACT institutions as at paragraphs (a) to (js) of Item 28 of the table in Schedule 1 to this instrument | Baptist Union of New South Wales |
17 | All Baptist Churches of Victoria institutions as at Item 30 of the table in Schedule 1 to this instrument | Baptist Union of Victoria |
- Schedule 1 (table)
After paragraph (f) of Item 3 to the table, insert:
(g) The Scout Association of Australia Tasmanian Branch.
- Schedule 1 (table)
After paragraph (ao) of Item 7 to the table, insert:
(ap) Anglican Diocesan Service (on behalf of the Anglican Diocese of Canberra and Goulburn);
(aq) Wangaratta Anglican Diocesan Corporation;
(ar) Anglican Diocese of Armidale;
(as) Anglicare North Queensland Limited;
(at) Anglicare Victoria.
- Schedule 1 (table)
Omit paragraph (e) of Item 16 to the table, substitute:
(e) St. Michael’s College Adelaide;
- Schedule 1 (table)
After Item 30 to the table, insert:
31 | Child & Family Services Ballarat Inc (a) Child & Family Services Ballarat Inc. |
32 | Benedictine Community New Norcia
(a) Monchorum Ltd (Benedictine Community New Norcia). |
33 | Yeshivah-Beth Rivkah Schools Limited (a) Yeshivah-Beth Rivkah Schools Limited. |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 5) Declaration 2019 was enacted to address the gaps and issues identified within the original framework of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This notifiable instrument was declared by Paul Fletcher, the Minister for Families and Social Services, and it aims to amend the original Declaration from 2018 to ensure comprehensive coverage and redress for victims of institutional child sexual abuse. The instrument was made under the authority of the aforementioned Act and commenced on the day after its registration. The objective of these amendments is to include additional institutions and entities that were previously omitted, ensuring that all eligible institutions are recognised and that victims can seek redress through the scheme.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 5) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, establishing and modifying the entities responsible for institutions involved in child sexual abuse cases under the National Redress Scheme. This Act applies to specific institutions and entities recognised under the National Redress Scheme, including religious, educational, and welfare organisations. The scope of the legislation includes amending the table within the Declaration to specify new and additional institutions and entities responsible for redress. The jurisdictional reach of this amendment is national, as it is made under the Commonwealth's authority, thereby affecting institutions across all states and territories in Australia. The Act does not explicitly state exclusions or thresholds but focuses on updating the list of institutions and entities to ensure comprehensive coverage. Any further application or interpretation of the Act may be detailed in subordinate instruments or regulations made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 5) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This instrument was made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The amendments are detailed in Schedule 1 and include the addition of certain institutions to the list of those covered by the scheme, as well as some changes to existing entries. The instrument commenced on the day after it was registered.
This legislation imposes specific obligations on the entities it governs. It mandates that certain institutions, now listed under the scheme, must participate in the redress process. These institutions are required to cooperate with the scheme, provide necessary information, and comply with the terms and conditions set out in the Act. The institutions must also ensure that any survivors of institutional child sexual abuse can access the redress process, including facilitating their access to support services and compensation.
Failure to comply with the provisions of the Act can result in various consequences. While specific offences and penalties are not detailed in the text provided, it is reasonable to infer that non-compliance could lead to legal action under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This could include civil penalties, enforcement actions, or other legal repercussions as deemed necessary by the courts. The precise nature of these consequences would depend on the specific provisions of the primary Act and any applicable regulations or guidelines.