National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 12) Declaration 2020
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 6 August 2020
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 2
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 12) Declaration 2020.
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, items 5, 6 and 7 | 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Note: This table relates only to the provisions of this instrument as originally made.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 subsection 115(2), section 119 and subsections 127(1), 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 8C
Before “Each” insert “(1)”
2 Section 8C
After paragraph (f) and before the note add:
(2) To avoid doubt, where any participating State institution mentioned in paragraphs (1)(a)-(d) does not have legal personality separate from that of the State, the institution participates in the Scheme as if it were the State of Queensland.
3 Section 8D
Before “Each” insert “(1)”
4 Paragraph 8D(d)
Repeal the paragraph, substitute:
(2) To avoid doubt, where any participating State institution mentioned in paragraphs (1)(a)-(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.
5 Section 11 (table item 8, column 1)
Omit “(bw)-(cn)”, insert “(bw)-(cn) and (cy)”.
6 Section 11 (at the end of the table)
Add:
58 | The Southern Community Church of Christ institutions as at paragraphs (b) to (d) of Item 235 of the Table in Schedule 1 to this instrument | The Southern Community Church of Christ Inc. |
7 Subsection 15(1) (at the end of the table)
Add:
96 | All Geraldton Grammar School institutions as at Item 233 of the Table in Schedule 1 to this instrument | Geraldton Grammar School Incorporated |
97 | All Melbourne City Mission institutions as at Item 234 of the Table in Schedule 1 to this instrument | Melbourne City Mission |
98 | The Southern Community Church of Christ institution as at paragraph (a) of Item 235 of the Table in Schedule 1 to this instrument | Southern Community Church of Christ Inc. |
99 | All ACS Mutual – Victory Life International institutions as at Item 199 of the Table in Schedule 1 to this instrument | ACS Mutual Ltd |
100 | All ACS Mutual – Church of the Foursquare Gospel Australia institutions as at Item 200 of the Table in Schedule 1 to this instrument | ACS Mutual Ltd |
8 Schedule 1 (table item 21, column 1)
After paragraph (cs), add:
(ct) Carey Baptist College Ltd.
(cu) Carey Community Resources Ltd
(cv) Kennedy Baptist College Association Incorporated
(cw) Mandurah Baptist College Incorporated
(cx) South Coast Baptist College Incorporated
(cy) Somerville Baptist College Incorporated
9 Schedule 1 (at the end of the table)
Add:
231 | Board of Trustees of The Rockhampton Grammar School |
232 | Emmanuel College Limited |
233 | Geraldton Grammar School - Geraldton Grammar School Incorporated
- Development Institute of Geraldton Grammar Incorporated
- Geraldton Grammar School Parents & Friends’ Association Incorporated
|
234 | Melbourne City Mission - Melbourne City Mission
- Hestor Hornbrook Academy
|
235 | Southern Community Church of Christ - Southern Community Church of Christ Inc.
- Cheltenham Church of Christ
- Hampton Street Church of Christ
- East Bentleigh Church of Christ
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 12) Declaration 2020I, made by Anne Ruston, Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislation was enacted to address the need for a national redress scheme to provide financial and non-financial compensation to victims of child sexual abuse in institutional settings, thereby providing a pathway to recognition, redress, and reform. The scheme was established to support survivors and ensure that institutions take responsibility for their past actions. The Declaration is made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and aims to clarify and expand the scope of participating institutions, ensuring comprehensive coverage and support for victims. The amendments introduced by this Declaration are intended to refine the scheme's operation and ensure that it effectively serves all eligible victims.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 12) Declaration 2020 applies to institutions involved in the National Redress Scheme for Institutional Child Sexual Abuse, particularly those that have been identified as failing to maintain adequate records or have otherwise been implicated in cases of child sexual abuse. The amendments made by this instrument aim to clarify the participation of State institutions in the Scheme, especially those that do not have a legal personality separate from the State. The geographic reach of this legislation is national, as it pertains to institutions across Australia that are part of the Scheme. The amendments do not specify any exclusions or exemptions, but rather focus on ensuring that all participating institutions, including those affiliated with or representative of the State, are properly accounted for and have the necessary obligations met. The application of the Act extends through subordinate instruments, which are detailed in the Schedules of the Declaration, affecting various institutions and their associated entities and representatives.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 12) Declaration 2020I introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Specifically, the instrument amends Section 8C, inserting "(1)" before "Each" and adding a new subsection (2) to clarify that participating State institutions without legal personality participate in the Scheme as if they were the respective State. Similarly, Section 8D is amended by inserting "(1)" before "Each" and replacing paragraph (d) with a new subsection (2) to clarify that State institutions without separate legal personality participate as representatives of the State of Western Australia. Section 11 is also amended to include the Southern Community Church of Christ institutions and Geraldton Grammar School among the participating institutions. Additionally, subsection 15(1) is amended to include Geraldton Grammar School, Melbourne City Mission, Southern Community Church of Christ, and ACS Mutual institutions.
The Act imposes several obligations on participating institutions. Firstly, institutions must comply with the amended provisions regarding their participation in the Scheme, ensuring that they understand their roles and responsibilities as clarified by the amendments. Secondly, institutions must ensure that any relevant documentation or records are updated to reflect these changes, particularly in relation to their legal personality and representation within the Scheme. Thirdly, institutions must adhere to the timelines and processes set out in the Scheme for reporting and managing claims related to child sexual abuse. Lastly, institutions are required to cooperate with the Redress Scheme Administrator and any relevant oversight bodies to ensure compliance with the Scheme's requirements.
Failure to comply with the provisions of the Act or the amended Scheme can result in various consequences. While the specific offences and penalties are not detailed in the instrument, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 may lead to civil or criminal liability. Civil penalties can include fines and other financial penalties, while criminal penalties may involve imprisonment or other sanctions depending on the severity of the breach. The exact penalties would be determined based on the specific nature of the breach and the relevant legal provisions governing the Scheme.