National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 6) Declaration 2019

Administered by Department of Social Services

Legislation au F2019N00045 Not in force Notifiable Instrument

Legislation content

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 6) Declaration 2019

 

 

 

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

Dated 16 May 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. 6) 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Note: This table relates only to the provisions of this instrument as originally made.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 subsection 115(2) and sections 119, 134 and 137 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.

4  Schedule

  The instrument that is specified in the Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in the Schedule to this instrument has effect according to its terms.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 4

After the definition of Scheme, insert:

  works means, in the context of participating institutions, an organisation or group of persons.

2  Section 8D

After paragraph (c), insert:

 (d) To avoid doubt, where a participating State institution mentioned in paragraph (a), (b) or (c) does not have legal personality separate from that of the State, the institution participates in the Scheme as a representative of the State of Western Australia.

3  Section 11 (table)

After Item 15 to the table, insert:

 

16

All Baptist Churches of South Australia institutions as at paragraphs (br) – (dy) of Item 34 of the table in Schedule 1 to this instrument

Baptist Churches of South Australia Inc

17

All Baptcare institutions as at paragraphs (c) – (l) of Item 35 of the table in Schedule 1 to this instrument

Baptcare Ltd

18

All Salesian Society (Vic) institutions as at paragraphs (j) – (n) of Item 39 of the table in Schedule 1 to this instrument

Salesian Society (Vic) Inc

 

4  Section 15 (table)

Omit the words “paragraphs (a) to (js) of” from column 1 of Item 16 to the table.

5  Section 15 (table)

After Item 17, insert:

 

18

All Baptist Churches of South Australia institutions as at paragraphs (a) – (bq) of Item 34 of the table in Schedule 1 to this instrument

Baptist Churches of South Australia Inc

19

All Baptcare institutions as at paragraphs (a) – (b) of Item 35 of the table in Schedule 1 to this instrument

Baptcare Ltd

20

All Salesian Society (Vic) institutions as at paragraphs (a) – (i) of Item 39 of the table in Schedule 1 to this instrument

Salesian Society (Vic) Inc

 

6  Schedule 1 (table)

Omit paragraphs (f) and (g) of Item 3 to the table, substitute:

 (f) The Scout Association of Australia Queensland Branch Inc;

 (g) The Scout Association of Australia Tasmanian Branch;

7  Schedule 1 (table)

After paragraph (g) of Item 3 to the table, insert:

 (h) The Scout Association of Australia, ACT Branch Incorporated;

 (i) The Scout Association of Australia Northern Territory Branch.

8  Schedule 1 (table)

In paragraph (ap) of Item 7 to the table, omit “Service”, substitute “Services”

9  Schedule 1 (table)

Omit Item 29 to the table, substitute:

29

Baptistcare WA

 

(a) Baptistcare WA Limited

 

10  Schedule 1 (table)

Omit paragraph (a) of Item 32 to the table, substitute:

 (a) Monochorum Ltd (Benedictine Community New Norcia)

11  Schedule 1 (table)

After item 33 to the table, insert:

 

34

Baptist Churches of South Australia

 

(a) Baptist Churches of South Australia Inc

(b) Aberfoyle Park Baptist Church

(c) Aboriginal Berean Community Church Inc

(d) Adelaide Chin Christian Church

(e) Aldinga Bay Baptist Church

(f) All Nations Baptist Church Inc

(g) Andrews Farm Community Church Inc

(h) Barossa Community Church

(i) Blackwood Hills Baptist Church Inc

(j) Camden Baptist Church Inc

(k) Christies Beach Baptist Church Inc

(l) Clare Baptist Church

(m) Clovercrest Baptist Church Inc

(n) Copper Coast Baptist Church

(o) Coromandel Baptist Church Inc

(p) Edwardstown Baptist Church Inc

(q) Enfield Baptist Church Inc

(r) Flinders Street Baptist Church Inc

(s) Gateway Baptist Church & Community Centre

(t) Gawler Baptist Church Inc

(u) Glen Osmond Baptist Church

(v) Grange Baptist Church Inc

(w) H2One Baptist Church Inc

(x) Hackham Baptist Family Church Inc

(y) Hallett Cove Baptist Church Inc

(z) Hills Baptist Church Inc

(aa) Holdfast Baptist Church Inc

(ab) Ingle Farm Baptist Church

(ac) King's Baptist Church Inc

(ad) Kings Community Church Inc

(ae) Knightsbridge Baptist Church Inc

(af) Laura Baptist Christian Community

(ag) Lighthouse Community Church Inc

(ah) Lockleys Baptist Church

(ai) Mannum Community Church Inc

(aj) Millicent Baptist Church Inc

(ak) Mitcham Baptist Church Inc

(al) Mount Barker Baptist Church Inc

(am) Mount Gambier Baptist Church

(an) Norton Summit Baptist Church

(ao) Orroroo Community Church

(ap) Parkside Baptist Church Inc

(aq) Peake Baptist Church

(ar) Playford Baptist Church Inc

(as) Port Lincoln Baptist Church

(at) Port Pirie Baptist Church Inc

(au) Richmond Baptist Church Inc

(av) Riverland Baptist Church

(aw) Romanian Baptist Church

(ax) Rostrevor Baptist Church Inc

(ay) Saddleworth Baptist Church

(az) Salem Baptist Church Inc

(ba) Salisbury Baptist Church Inc

(bb) Seaton Baptist Church Inc

(bc) Semaphore Park Baptist Church

(bd) Soul Food Christian Community Inc

(be) Soulspace Christian Community Inc

(bf) Springpark Baptist Church Inc

(bg) St Peters Baptist Church

(bh) Tarlee Baptist Church

(bi) The Port Church Inc

(bj) Travellers Well Church Port Augusta Inc

(bk) Trinity Baptist Church Inc

(bl) Unley Park Baptist Church Inc

(bm) Victor Harbor Baptist Church Inc

(bn) West Beach Community Church Inc

(bo) Westcare Baptist Church

(bp) Whyalla Baptist Church Inc

(bq) Zotung Family Church South Australia

(br) Alberton Baptist Church

(bs) Ascot Park Baptist Church

(bt) Black Forest Baptist Church

(bu) Broadview Baptist Church

(bv) Caloote Baptist Church

(bw) Canowie Belt Baptist Church

(bx) Cheltenham Baptist Church

(by) Cherryville Baptist Church

(bz) Clover Hill Baptist Church

(ca) Colonel Light Gardens Baptist Church

(cb) Crystal Brook Baptist Church

(cc) Eden Valley Baptist Church

(cd) Festival City Community Church Inc

(ce) Filipino Baptist Church

(cf) Georgetown Baptist Church

(cg) Goodwood Baptist Church

(ch) Hawthorndene Baptist Church

(ci) Hillcrest Baptist Church

(cj) Hilton Baptist Church

(ck) Hindmarsh Baptist Church

(cl) Jamestown Baptist Church

(cm) Kenton Valley Baptist Church

(cn) Largs North Baptist Church

(co) LeFevre Baptist Church

(cp) Little Glory Baptist Church

(cq) Lyndoch Baptist Church

(cr) Marino Baptist Fellowship

(cs) Midcoast Christian Community

(ct) Minlacowie Baptist Church

(cu) Minlaton Baptist Church

(cv) Mount Cooper Baptist Church

(cw) North Croydon Baptist Church

(cx) Northlands Community Church

(cy) Norwood Baptist Church

(cz) Norwood Community Baptist Church

(da) Peterborough Baptist Church

(db) Peterhead Baptist Church

(dc) Port Augusta Baptist Fellowship

(dd) Port Pirie Central Baptist Church

(de) Renmark Baptist Church

(df) Seacombe Road Baptist Church Inc

(dg) Seaford Rise Baptist Community Fellowship

(dh) Sellicks Baptist Fellowship

(di) Semaphore Baptist Church

(dj) South Plympton Baptist Church

(dk) Southwark Baptist Church

(dl) St Marys Baptist Church

(dm) Stockport Baptist Church

(dn) Sunny Brae Baptist Church

(do) Terowie Baptist Church

(dp) The Cove (Marino) Baptist Church

(dq) Ucolta Baptist Church

(dr) Underdale Baptist Church

(ds) Westbourne Park Baptist Church

(dt) Whyalla Carey Baptist Church

(du) Whyalla West Baptist Church

(dv) Woodville North Baptist Church Inc

(dw) Yorktown Baptist Church

(dx) Yugoslav Baptist Fellowship

(dy) Burleigh College

35

Baptcare

 

(a) Baptcare Ltd

(b) Baptcare Affordable Housing Ltd

(c) Abercare (Price Street, Essendon)

(d) Abercare (Buckley Street, Essendon)

(e) Abercare (Niddrie)

(f) Abercare (Keilor)

(g) Abercare (Moonee Ponds)

(h) Westside Children's Home

(i) Heathmont Family Group Home

(j) Boronia Family Group Home

(k) Baptist Social Services

(l) Baptist Community Care Ltd

36

St John Ambulance Western Australia

 

(a) St John Ambulance Western Australia Ltd

37

St John Ambulance Australia

 

(a) St John Ambulance Australia Incorporated

38

The Bush Church Aid Society

 

(a) The Bush Church Aid Society

39

Salesian Society (Vic)

 

(a) Salesian Society (Vic) Inc

(b) Dominic College

(c) Don Bosco Camp

(d) Don Bosco Retreat Centre

(e) Don Bosco Youth and Recreation Centre, St Marys

(f) Don Bosco Youth Centre, Brunswick

(g) Salesian College, Chadstone

(h) Salesian College, Port Pirie, only to the extent this institution was under the authority of the Provincial of the Salesians of Don Bosco

(i) Salesian College, Sunbury

(j) Boys Town, Engadine (1952-2005)

(k) Salesian College, Brooklyn Park, only to the extent this institution was under the authority of the Provincial of the Salesians of Don Bosco

(l) Salesians Society Incorporated (VIC)

(m) The Salesians Society Incorporated

(n) Don Bosco Boys Club, South Oakleigh

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 6) Declaration 2019 was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This Act was introduced to establish a redress scheme to provide compensation and support for victims of institutional child sexual abuse. The enacting body is the Parliament of Australia, with the Minister for Families and Social Services responsible for the declaration. The policy objective is to provide a streamlined and efficient process for redress and support for victims of institutional child sexual abuse, ensuring that they can access compensation and support without the need for litigation. This amendment aims to update and refine the scheme to better serve the needs of victims and address any gaps or issues that may have arisen since the original Act was enacted.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 6) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This instrument applies to entities involved in redress for institutional child sexual abuse, including participating institutions and their affiliated entities. It has a national jurisdictional reach, impacting all states and territories within Australia. The amendments clarify definitions, specify new participating institutions, and adjust the list of institutions to reflect current organisational structures. The amendments ensure that certain institutions, such as Baptist Churches of South Australia, Baptcare, and Salesian Society (Vic), are properly recognised within the Scheme. Additionally, the instrument adjusts the list of Scout Associations of Australia branches to include those from the ACT and Northern Territory, while excluding certain branches previously listed. The instrument does not specify exclusions, exemptions, or thresholds but rather extends its application through the detailed amendments listed in the Schedule. The application of this instrument may be further refined through subordinate instruments, which would detail specific operational guidelines and procedures.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 6) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This amendment, which comes into effect the day after the instrument is registered, involves several key changes to the definitions and participation of institutions within the scheme. For instance, it includes a definition of "works" within the context of participating institutions (Schedule 1, Item 1), clarifies the participation of certain state institutions in the scheme (Schedule 1, Item 2), and updates the list of participating institutions by adding new entities such as Baptist Churches of South Australia institutions, Baptcare institutions, and Salesian Society (Vic) institutions (Schedule 1, Items 5, 6, 7, 10, and 11). Furthermore, it makes adjustments to the list of participating institutions by omitting and substituting certain entries (Schedule 1, Items 3, 4, 8, 9, and 12). The amended Act imposes several obligations on the participating institutions. These include ensuring that they meet the criteria for participation in the scheme, providing necessary information and documentation as required by the scheme, and complying with any additional terms and conditions specified in the scheme. The participating institutions are also responsible for ensuring that they adhere to the scheme's processes and procedures for handling claims of institutional child sexual abuse. Breaches of the scheme's requirements or failure to comply with its obligations may result in legal consequences. While the specific penalties for non-compliance are not detailed within the text provided, it is reasonable to infer that violations could lead to administrative penalties, legal action, or other repercussions as stipulated by the overarching National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Given the sensitive nature of the scheme and its purpose, non-compliance could potentially have significant ramifications for the institutions involved, including reputational damage and financial penalties.

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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.