National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 14) Declaration 2020

Administered by Department of Social Services

Legislation au F2020N00101 Not in force Notifiable Instrument

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National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 14) Declaration 2020

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

Dated     11 September 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

 

 

1  Name

  This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 14) 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 3, 4 and 6

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Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 After subparagraph 8B(b)(ii)

Insert:
 

(ba) A local government council within the meaning of the Local Government Act 2008 (NT);

2 After subparagraph 8B(c)

Insert:
 

(d) Any institution (however described) on or after 1 July 1978 that has been superseded by anything listed in paragraphs (a) to (c) of this section 8B; and

(e) Any institution (however described) on or after 1 July 1978 and of a kind referred to in paragraphs (a) to (c) of this section 8B that has been abolished.

3 Section 11 (at the end of the table)

Add

59

The Sisters of Our Lady of the Missions institutions as at paragraphs (h) to (k) of Item 255 of the Table in Schedule 1 to this instrument

Institute of Notre Dame des Missions Inc.

60

The Anglican Deaconess Ministries institution as at paragraph (d) of Item 257 of the Table in Schedule 1 to this instrument

Anglican Deaconess Ministries Limited

61

The YWCA Australia institutions as at paragraphs (d) to (ae) of Item 259 of the Table in Schedule 1 to this instrument

YWCA Australia

4 Section 11C (table item 1, column 1)

Omit “and 254”, insert “, 254 and 260-265”

5 Subsection 15(1) (table item 98, column 1)

Omit the words “paragraph (a) of”

6 Subsection 15(1) (at the end of the table)

Add

105

All Sisters of Our Lady of the Missions institutions as at paragraphs (a) to (g) of Item 255 of the Table in Schedule 1 to this instrument

Institute of Notre Dame des Missions Inc.

106

All Missionary Society of St Paul institutions at Item 256 of the Table in Schedule 1 to this instrument

The Trustees of the Missionary Society of St Paul Inc in Vic

107

All Anglican Deaconess Ministries institutions as at paragraphs (a) to (c) of Item 257 of the Table in Schedule 1 to this instrument

Anglican Deaconess Ministries Limited

108

All Heathdale Christian College institutions at Item 258 of the Table in Schedule 1 to this instrument

Heathdale Christian College Limited

109

All YWCA Australia institutions as at paragraphs (a) to (c) of Item 259 of the Table in Schedule 1 to this instrument

YWCA Australia

7 Schedule 1 (table item 7, column 1, paragraph (bf))

Omit “Christ Church Grammar School Incorporated”, insert “Christ Church Grammar School Incorporated (WA)”

8 Schedule 1 (table item 7, column 1, paragraph (dj))

Omit “Christ Church Grammar School”, insert “Christ Church Grammar School (VIC)”

9 Schedule 1 (table item 7, column 1)

After paragraph (ea), add:

  1.   ASSG School Incorporated (trading as All Souls St Gabriels School)
  2.    Caulfield Grammar School
  3.   The Australian Council of the Mission to Seafarers Inc.
  4.    Mission to Seafarers Eden Inc
  5.     The Peninsula School (trading as Peninsula Grammar School)
  6.   Society of St Francis Association Inc.
  7.   Trinity Anglican School

10 Schedule 1 (table item 20, column 1)

After paragraph (h), add:

  1.             Trustees of Edmund Rice Education Australia (meaning the body corporate established by the Roman Catholic Church Communities Lands Act 1942 (NSW))
  2.             Edmund Rice Education Australia (meaning the canonical entity of that name)
  3.           Any part of Edmund Rice Education Australia, including any works (incorporated or unincorporated) which are or were, at the relevant time, canonically subject to the authority of the Council of Edmund Rice Education Australia.

11 Schedule 1 (table item 30, column 1)

After paragraph (hy), add:

  1.        Point Cook Community Baptist Church
  1.          East Camberwell Baptist Church
  2.          Melbourne Chinese Baptist Church

12 Schedule 1 (table item 140, column 1)

After paragraph (uf), add:

  1.       Sonrise Christian Life Centre
  2.       Heart Focus Community Church Incorporated
  3.         Loch Alive Christian Centre Inc
  4.         Abundant Life Christian Church
  5.       Faith Christian Centre
  6.         Victory Family Centre Inc
  7.     The Good Shepherd Christian Church Inc
  8.       The Freedom Initiative Incorporated
  9.       Lifesource Church Echuca Incorporated
  10.       Arise Church (Victoria) Inc
  11.       Church of Hope (NSW) Incorporated
  12.         New Covenant Worship Centre
  13.        Lifestream Church Ltd
  14.         Immanuel Community Christian Church Incorporated
  15.       Hope City Church Inc
  16.       Goulburn Christian Life Centre Inc
  17.      Central Hurstville Samoan Assembly of God Limited
  18.       Son Rise Church Sydney Inc
  19.       Vision Pentecostal Church of Community Inc
  20.        His Mighty Hand Extended International Inc
  1.        Darling Downs Christian Life Centre
  2.       Clifton Community Care Inc
  3.        Northside Family Church Limited
  4.       Normanton Christian Fellowship Ltd
  5.        Calvary Christian Church
  6.         Sound City Church, Assembly of God Rockingham W. Aust (Inc)
  7.       Bestow Christian Church Inc
  8.       The Greek Church of God

13 Schedule 1 (table item 141, column 1)

After paragraph (aw), add:

  1.        Christian City Church Port City Incorporated
  2.        Local Community Church Ltd

14 Schedule 1 (table item 142, column 1)

After paragraph (bm), add:

  1.       Cairns Family Church Inc

15 Schedule 1 (table item 148, column 1)

After paragraph (aa), add:

  1.        Momentum Church Limited

16 Schedule 1 (table item 149, column 1)

After paragraph (l), add:

  1.         Youth With A Mission Newcastle Incorporated

17 Schedule 1 (table item 153, column 1)

After paragraph (d), add:

  1.            Southern Christian College Inc
  2.             CityLight Church

18  Schedule 1 (at the end of the table)

Add:

255

Sisters of Our Lady of the Missions

  1.       Institute of Notre Dame des Missions Inc. (also known as the Sisters of Our Lady of the Missions)
  2.       Learoyd Street Primary School, Mount Lawley (while under the authority of the Institute of Notre Dame des Missions Inc. from 1929 to 1969)
  3.       Sacred Heart College, Sorrento (while under the authority of the Institute of Notre Dame des Missions Inc. from 1967 to 1988)
  4.       Sacred Heart Girls’ College, Oakleigh (while under the authority of the Institute of Notre Dame des Missions Inc. from 1957 to 1977)
  5.       St Joseph’s High School, Charlton (while under the authority of the Institute of Notre Dame des Missions Inc. from 1924 to 1969)
  6.        St Mary’s High School, Donald (while under the authority of the Institute of Notre Dame des Missions Inc. from 1922 to 1961)
  7.       St Rita’s Convent High School, Katanning (while under the authority of the Institute of Notre Dame des Missions Inc. from 1926 to 1957)
  8.       Our Lady of Lourdes Convent School, Wagin (while in existence from 1913 to 1971)
  9.        Our Lady of the Missions School, Fremantle (while in existence from 1965 to 1980)
  10.        Sacred Heart High School, Highgate (while in existence from 1904 to 1980)
  11.       St Philomena’s Convent School, Narrogin (while in existence from 1918 to 1960)

256

Missionary Society of St Paul

  1.       The Trustees of the Missionary Society of St Paul Inc in Vic
  2.       Missionary Society of St Paul
  3.       The Trustees of the Missionary Society of St Paul

257

Anglican Deaconess Ministries

  1.       Anglican Deaconess Ministries Limited
  2.       The Church of England Deaconess Institution Sydney Limited (trading as The Church of England Deaconess Ministries Limited)
  3.       Home of Peace Hospitals Limited
  4.       The Church of England Deaconess Institution Sydney Council (operational 1917 to 1996), Sydney 2000

258

Heathdale Christian College

  1.       Heathdale Christian College Limited
  2.       Heathdale Christian College Building Fund
  3.       Heathdale Christian College Parents and Friends Association
  4.       Heathdale Christian College Out of School Hours Program

259

YWCA Australia

  1.       YWCA Australia
  2.       YWCA National Housing
  3.       YWCA Housing
  4.       YWCA Alice Springs (as in existence from 1963 – 1996)
  5.       YWCA Cairns (as in existence from 1907 – 2012)
  6.        YWCA Downs and South West Queensland (as in existence from 1930 – 2012)
  7.       YWCA Mackay (as in existence from 1945 – 2000)
  8.       YWCA Townsville (as in existence from 2012 – 2015)
  9.        YWCA NSW (as in existence from 1880 – 2018)
  10.        YWCA Albury Wodonga (as in existence from 1940 – 2018)
  11.       YWCA Broken Hill (as in existence from 1947 – 2018)
  12.        YWCA Darwin (as in existence from 1969 – 2018)
  13.     YWCA Rockhampton (as in existence from 1888 – 2012)
  14.       YWCA Brisbane (as in existence from 1899 – 2012)
  15.       YWCA Melbourne (as in existence from 1882 – 1999)
  16.       YWCA Wonthaggi (as in existence until 2001)
  17.       YWCA Victoria (as in existence from 1882 – 2018)
  18.        YWCA Bendigo (as in existence from 1906 – 2001)
  19.        YWCA Fremantle (as in existence from 1947 until it ceased operations)
  20.        YWCA Ballarat (as in existence from 1907 – 1968)
  21.       YWCA Dandenong and Westernport (as in existence from 1963 – 2001)
  22.       YWCA Derby (as in existence from 1976 – 1985)
  23.     YWCA Wagga Wagga - Morrow Street (as in existence from 1948 – 1975)
  24.       YWCA Wagga Wagga - Bourke Street (as in existence from 1987 – 2000)
  25.       YWCA Wollongong (as in existence from 1946 – 1994)
  26.       YWCA Whyalla (as in existence from 1962 – 1998)
  1.    YWCA Biloela (as in existence from 1964 – 1987)
  2.    YWCA Perth (as in existence from 1920 – 2018)
  3.    YWCA Adelaide (as in existence from 1884 – 2018)
  4.    YWCA Queensland (as in existence from 2012 – 2018)
  5.    YWCA Ayr (as in existence from 1960 – 1973)

260

ACS Mutual – Perth Revival Church

  1.       Perth Revival Church Inc

261

ACS Mutual – Evangelical Chinese Church

  1.       Evangelical Chinese Church

262

ACS Mutual – Merrylands Samoan Assemblies of God

  1.       Merrylands Samoan Assemblies of God

263

ACS Mutual – FaithLife Church

  1.       FaithLife Church Inc

264

ACS Mutual – Southern Life Church

  1.       Southern Life Church Incorporated

265

ACS Mutual – Warrnambool Presbyterian School

  1.       Warrnambool Presbyterian School Ltd

266

Melbourne Grammar School

267

The Infants’ Home Ashfield

268

Legacy Club of Inverell Inc.

269

The Association for Christian Education of Blacktown Ltd (trading as Tyndale Christian School)

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 14) Declaration 2020 was enacted in 2020. This Declaration was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and serves to amend the original Declaration made in 2018. The legislation was enacted by Anne Ruston, the Minister for Families and Social Services, to address gaps and provide updates to the original scheme, ensuring it remains effective and comprehensive in addressing institutional child sexual abuse. The primary policy objective of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 is to provide a national redress scheme for individuals who have been victims of child sexual abuse in institutions, thereby offering them a mechanism for seeking redress and support. The amendments introduced by this Declaration further refine and expand the scope of the original Act to ensure it covers more institutions and provides a more robust framework for redress.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 14) Declaration 2020I is a legislative instrument made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It applies to various institutions and entities involved in institutional child sexual abuse cases, extending the coverage of the scheme to additional institutions and entities that were not previously included. The Act applies to institutions that have been superseded or abolished, as well as institutions of a particular kind referred to in the Act. The geographic reach of the Act is national, as it applies to institutions throughout Australia. The Act does not specify any exclusions, exemptions, or thresholds. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 by inserting new subparagraphs and adding new institutions to the list of eligible institutions for the scheme. The amendments apply to various institutions, including local government councils, religious institutions, educational institutions, and other organisations that were involved in institutional child sexual abuse. The amendments also include changes to the table in Schedule 1 of the Declaration, which lists the institutions eligible for the scheme.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 14) Declaration 2020I amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. Section 1 of the Declaration names the instrument, while Section 2 outlines the commencement dates for various provisions. Certain sections, along with anything in Schedule 1 not otherwise covered, will commence the day after this instrument is registered. Other specified provisions in Schedule 1 will commence immediately after the initial set of provisions. Section 3 details the authority under which the instrument is made, referencing subsections 115(2), 119, 127(1), 134(1), and 137(1) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Section 4 indicates that each instrument specified in the Schedules is amended or repealed as set out in the applicable items. The key amendments introduced by this Declaration primarily involve expanding the list of institutions covered under the Scheme. For instance, subparagraph 8B(b)(ii) is amended to include a local government council within the meaning of the Local Government Act 2008 (NT). Furthermore, subparagraph 8B(c) is supplemented to include institutions superseded or abolished on or after 1 July 1978. These additions broaden the scope of institutions that are now subject to the Scheme's provisions, thereby extending potential coverage for redress claims related to institutional child sexual abuse. The obligations and requirements imposed by these amendments include the inclusion of additional institutions within the Scheme’s purview. This means that these institutions must now comply with the requirements and obligations set forth by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. These obligations typically involve the registration of abuse claims, the provision of information, and the cooperation with the Redress Scheme’s operations, including the establishment of trust funds and the facilitation of redress payments to eligible claimants. Failure to comply with the requirements of the Act, or the provisions set out in this Declaration, may result in various consequences. Although specific offences and penalties are not detailed in the Declaration itself, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 could lead to civil or criminal penalties. The Act may outline specific offences related to non-compliance, failure to report abuse, or other related breaches, with penalties that could include fines or imprisonment, depending on the severity and nature of the breach. Additionally, institutions may face reputational damage, litigation, and other civil consequences for failing to meet their obligations under the Act and this Declaration.

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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.