National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 7) Declaration 2019

Administered by Department of Social Services

Legislation au F2019N00058 Not in force Notifiable Instrument

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National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 7) Declaration 2019

 

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

Dated  18 July 2019

Anne Ruston

Minister for Families and Social Services

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedule

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. 7) 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Note: This table relates only to the provisions of this instrument as originally made.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  The instrument that is specified in the Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in the Schedule to this instrument has effect according to its terms.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 11 (table)

 After Item 18 to the table, insert:

19

All The Armidale School institutions as at paragraphs (c) and (d) of Item 43 of the table in Schedule 1 to this instrument

The Armidale School

20

All The Church of Jesus Christ of Latter-day Saints Australia institutions included in a class of participating non-government  institutions, as at paragraph (c) of Item 42 of the table in Schedule 1 to this instrument

The Church of Jesus Christ of Latter-day Saints Australia

2  Section 15 (table)

Omit the words “paragraphs (a) – (bq) of” from column 1 of Item 18 to the table.

3  Section 15 (table)

 Omit the words “paragraphs (a) – (i) of” from column 1 of Item 20 to the table.

4  Section 15 (table)

After Item 20 to the table, insert:

 

21

All The Order of the Sisters of Presentation in Queensland institutions as at Item 40 of the table in Schedule 1 to this instrument

The Corporation of the Trustees of the Order of the Sisters of the Presentation in Queensland

22

All Cistercian Order of the Strict Observance (Cistercian Monks) institutions as at Item 41 of the table in Schedule 1 to this instrument

Cistercian Property Association

23

All The Church of Jesus Christ of Latter-day Saints Australia institutions as at Item 42 of the table in Schedule 1 to this instrument except any defunct institution declared a participating institution under this instrument in paragraph (c) of Item 42 of the table in Schedule 1

The Church of Jesus Christ of Latter-day Saints Australia

24

All The Armidale School institutions as at paragraphs (a) and (b) of Item 43 of the table in Schedule 1 to this instrument

The Armidale School

5  Schedule 1 (table)

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

 

(au) Anglican Church Property Trust Diocese of Sydney in its corporate capacity, and in each of its trustees’ capacities;

 (av) Church Missionary Society – Queensland with Northern NSW;

 (aw) Church Missionary Society Tasmania Incorporated;

 (ax) Church Missionary Society – Western Australia Incorporated;

(ay) Glebe Administration Board in its corporate capacity, and in its capacity as trustee for the Diocesan Cash Investment Fund, and in its capacity as trustee for the Diocesan Endowment Trust;

 (az) The Illawarra Grammar School;

 (ba) Sydney Diocesan Services;

 (bb)  St Andrew’s Cathedral Gawura School;

 (bc) The Council of St Andrew’s Cathedral School;

 (bd) The Council of Trinity Grammar School;

 (be) Calrossy Anglican School;

 (bf) Christ Church Grammar School Incorporated;

 (bg) Perth College Incorporated;

 (bh) St Hilda’s Anglican School for Girls Incorporated;

 (bi) St Mary’s Anglican Girls’ School.

6  Schedule 1 (table)

 Repeal paragraphs (c) and (d) of Item 24 to the table, substitute:

(c) All Uniting Church in Australia Synods, Presbyteries, Congregations or other councils which joined or formed part of the Uniting Church in Australia on or in accordance with the 1977 Basis of Union, whether incorporated or unincorporated and whether still existing or now defunct, to the extent these institutions were, or are, owned or operated by the Uniting Church in Australia or the Uniting Church in Australia Property Trusts as at paragraphs (e) – (l) of this Item;

(d) Any Institution, as defined at regulation 3.7.4.7 of the Uniting Church in Australia Regulations made by the Assembly of the Uniting Church in Australia, which joined or formed part of the Uniting Church in Australia on or in accordance with the 1977 Basis of Union, whether incorporated or unincorporated and whether still existing or now defunct, to the extent these institutions were, or are, owned or operated by the Uniting Church in Australia or the Uniting Church in Australia Property Trusts as at paragraphs (e) – (l) of this Item;

7  Schedule 1 (table)

 Repeal paragraph (dd) of Item 30 to the table, substitute:

 

 (dd) OneHope Baptist Church 

8  Schedule 1 (table)

 

 After paragraph (hi) of Item 30 to the table, insert:

 

 (hj) Benalla Baptist Church

 (hk) East Doncaster Baptist Church

 (hl) Melton Baptist Church

 (hm) Moonee Ponds Baptist Church

 (hn) Narre Warren Baptist Church

9  Schedule 1 (table)

 

 Repeal paragraphs (l) and (m) of Item 39 to the table, insert:

 

 (l) Salesian Society Incorporated (VIC)

 (m) The Salesian Society Incorporated 

10  Schedule 1 (table)

 

 After Item 39 to the table, insert:

 

40

The Order of the Sisters of the Presentation in Queensland

 

  1.                 The Corporation of the Trustees of the Order of the Sisters of the Presentation    in Queensland
  2.                 St Rita’s College (as in existence from 1 January 1926 to 1 June 2014)
  3.                 St Ursula’s Catholic Primary School – Yeppoon Queensland (as in existence from 1 January 1917 to 1 June 2014)

41

Cistercian Order of the Strict Observance (Cistercian Monks)

  1.                   Cistercian Property Association
  2.                  Cistercian Order of the Strict Observance

42

The Church of Jesus Christ of Latter-day Saints Australia

  1.                   The Church of Jesus Christ of Latter-day Saints Australia
  2.                  The Church of Jesus Christ of Latter-day Saints (being the unincorporated religious and charitable association only to the extent that it is, or was at the relevant time, operating in Australia)  
  3.                   All wards, branches, stakes, districts, missions and temples of The Church of Jesus Christ of Latter-day Saints only to the extent these institutions are, or were at the relevant time, operating in Australia, whether incorporated or unincorporated and whether still existing or now defunct

43

The Armidale School

  1.                   The Armidale School
  2.                  The Armidale School Council (as in existence from 2004 to 2009)
  3.                   The Armidale School Limited (as in existence from 1923 to1949)
  4.                  The Armidale School Council (as in existence from 1949 to 2004)


 

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 7) Declaration 2019 was enacted to address gaps and update the list of participating institutions under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This declaration was made by Anne Ruston, the Minister for Families and Social Services, on 18 July 2019, under the authority conferred by sections 115(2), 119, 134, and 137 of the Act. The primary objective of this amendment is to ensure that the redress scheme continues to provide support to victims of institutional child sexual abuse by including additional institutions that were either overlooked or newly identified. This amendment aims to broaden the scope of institutions covered under the scheme, thereby facilitating more comprehensive redress for victims.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 7) Declaration 2019 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This amendment adds specific institutions to the list of participating entities under the National Redress Scheme, which is designed to provide a scheme of redress for victims of institutional child sexual abuse. The amendment applies to institutions such as The Armidale School, The Church of Jesus Christ of Latter-day Saints Australia, and others by specifying their inclusion in the scheme. The amendment also modifies certain entries in the list of participating institutions, ensuring that the scheme encompasses a broader range of entities that may have been involved in such abuses. The declaration is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and comes into effect the day after it is registered. The geographic reach of this Act is national, affecting institutions across Australia that fall under its purview. There are no stated exclusions or thresholds in this particular amendment; however, the scheme itself may have conditions or criteria that determine eligibility for redress. The Act may be further extended or restricted through subordinate instruments, which would detail additional regulations or conditions as necessary.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2019 Measures No. 7) Declaration 2019 primarily serves to amend the existing National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The amendments include adding new institutions to the scheme, such as The Armidale School and The Church of Jesus Christ of Latter-day Saints Australia, and modifying the scope of certain institutions already listed (sections 1, 2, 4, 5, 6, 7, 8, 9, 10). These changes are intended to expand the scheme’s coverage to include more institutions that may have been involved in child sexual abuse, ensuring a broader scope of redress and support for victims. Under this legislation, participating institutions and entities must adhere to specific obligations. These include providing information about their involvement in child sexual abuse, establishing procedures for handling claims, and ensuring compliance with the scheme's requirements (section 11). This is a crucial step in facilitating the redress process, ensuring transparency, and offering support to those affected by institutional abuse. The declaration also outlines the legal consequences for non-compliance with the scheme's provisions. While the specific penalties are not detailed in the text, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can result in both civil and criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties may be imposed, including imprisonment. The severity of the penalty often depends on the nature and extent of the breach, and it is essential for institutions to comply fully to avoid these repercussions.

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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.