National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 21) Declaration 2020
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 24 December 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. 21) 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 1, 2, 3 and 8 | 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Note: This table relates only to the provisions of this instrument as originally made.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 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 11 (at the end of the table)
Add:
87 | The Seventh-day Adventist Church institutions as at paragraph (ar) of Item 385 of the Table in Schedule 1 to this instrument that are defunct | Adsafe Limited |
88 | The Cottage by the Sea, Queenscliff institution as at paragraph (b) of Item 386 of the Table in Schedule 1 to this instrument | Cottage by the Sea, Queenscliff Inc. |
89 | The Girl Guides Australia institutions as at paragraphs (g) to (o) of Item 387 of the Table in Schedule 1 to this instrument | Girl Guides Australia |
90 | The Missionary Sisters of the Sacred Heart institutions as at paragraphs (c) to (e) of Item 388 of the Table in Schedule 1 to this instrument | Missionary Sisters of the Sacred Heart Property Association |
91 | The Riverwood Community Centre institutions as at paragraphs (b) and (c) of Item 389 of the Table in Schedule 1 to this instrument | Riverwood Community Centre Ltd |
92 | The Presentation Sisters Western Australia institutions as at paragraphs (b) to (s) of Item 390 of the Table in Schedule 1 to this instrument | The Congregation of the Presentation Sisters (W.A.) Incorporated |
93 | The Presbyterian Church in Western Australia institutions as at paragraphs (m) to (aa) of Item 392 of the Table in Schedule 1 to this instrument | The Presbyterian Church in Western Australia |
94 | The Big Brother Movement NSW institution as at paragraph (b) of Item 408 of the Table in Schedule 1 to this instrument | B.B.M. LTD |
95 | The Deaf Services institutions as at paragraphs (b) and (c) of Item 409 of the Table in Schedule 1 to this instrument | Deaf Services Limited |
96 | The St Giles Society institutions as at paragraphs (b) and (c) of Item 410 of the Table in Schedule 1 to this instrument | St Giles Society Ltd |
97 | The St Vincent de Paul institutions as at paragraph (y) of Item 411 of the Table in Schedule 1 to this instrument that are defunct | St Vincent de Paul Society National Redress Scheme Limited |
98 | The Sunshine Association of Tasmania institution as at paragraph (b) of Item 412 of the Table in Schedule 1 to this instrument | Sunshine Association of Tasmania Inc. |
99 | The St Anne’s Broken Hill institution as at paragraph (a) of Item 413 of the Table in Schedule 1 to this instrument | St Annes Broken Hill Administration Limited |
2 Section 11B (at the end of the table)
Add:
4 | The United Grand Lodge of New South Wales and the Australian Capital Territory of Ancient, Free and Accepted Masons, as at Item 402 of the Table in Schedule 1 to this instrument | Masonic Investments Limited |
5 | Missionaries of God’s Love, as at Item 403 of the Table in Schedule 1 to this instrument | Missionaries of God’s Love Trust |
3 Section 11C (table item 1, column 1)
Omit the words “and 363-371”, insert “, 363-371, 383-384 and 404-407”
4 Section 15(1) (table item 144, column 1)
Omit the words “paragraph (a) of”.
5 Section 15(1) (table item 145, column 1)
Omit the words “paragraphs (a) to (y) of”.
6 Section 15(1) (table item 146, column 1)
Omit the words “paragraph (a) of”.
7 Section 15(1) (table item 147, column 1)
Omit the words “paragraphs (a) and (b) of”.
8 Subsection 15(1) (at the end of the table)
Add:
148 | All Seventh-day Adventist Church institutions as at paragraphs (a) to (ar) of Item 385 of the Table in Schedule 1 to this instrument | Adsafe Limited |
149 | All Cottage by the Sea, Queenscliff institutions as at paragraph (a) of Item 386 of the Table in Schedule 1 to this instrument | Cottage by the Sea, Queenscliff Inc. |
150 | All Girl Guides Australia institutions as at paragraphs (a) to (f) of Item 387 of the Table in Schedule 1 to this instrument | Girl Guides Australia |
151 | All Missionary Sisters of the Sacred Heart institutions as at paragraphs (a) and (b) of Item 388 of the Table in Schedule 1 to this instrument | Missionary Sisters of the Sacred Heart Property Association |
152 | All Riverwood Community Centre institutions as at paragraph (a) of Item 389 of the Table in Schedule 1 to this instrument | Riverwood Community Centre Ltd |
153 | All Presentation Sisters Western Australia institutions as at paragraph (a) of Item 390 of the Table in Schedule 1 to this instrument | The Congregation of the Presentation Sisters (W.A.) Incorporated |
154 | All St Andrew’s College institutions as at Item 391 of the Table in Schedule 1 to this instrument | The Council of St Andrew’s College |
155 | All Presbyterian Church in Western Australia institutions as at paragraphs (a) to (l) of Item 392 of the Table in Schedule 1 to this instrument | The Presbyterian Church in Western Australia |
156 | All ACS Mutual – Life-Gate institutions as at Item 398 of the Table in Schedule 1 to this instrument | ACS Mutual Ltd |
157 | All Big Brother Movement NSW institutions as at paragraph (a) of Item 408 of the Table in Schedule 1 to this instrument | B.B.M. LTD |
158 | All Deaf Services institutions as at paragraph (a) of Item 409 of the Table in Schedule 1 to this instrument | Deaf Services Limited |
159 | All St Giles Society institutions as at paragraph (a) of Item 410 of the Table in Schedule 1 to this instrument | St Giles Society Ltd |
160 | All St Vincent de Paul institutions as at paragraphs (a) to (y) of Item 411 of the Table in Schedule 1 to this instrument | St Vincent de Paul Society National Redress Scheme Limited |
161 | All Sunshine Association of Tasmania institutions as at paragraph (a) of Item 412 of the Table in Schedule 1 to this instrument | Sunshine Association of Tasmania Inc. |
9 Schedule 1 (table item 140, column 1)
After paragraph (xo), add:
- Sun City Care Incorporated
- Amazing Grace Gospel Church Inc
- Westside Community Care (QLD) Limited
- Townsville Worship Centre Inc
- Cairns Cross Culture
- Kingston Samoan Assembly Of God Church Incorporated
- River City Church Incorporated
- Abundant Life Centre Ltd.
- Sydney Pentecostal Fellowship
- Herberton Assembly of God Inc.
- Vision Community Global Ministries Limited
- Wonthaggi Christian Life Centre Inc
- Bethel A O G Yungaburra
- Generations Church Ltd
- Indonesian Charismatic Worship Service Inc.
- Exmouth Christian Fellowship Church Inc
- Cooktown Community Church Limited
- Fire Church Ministries Inc
- Jcommunity Limited
- Hope City Church
- Hope Empowered Ltd
- House Of Nathan Inc
- Grace Christian Church
- Townsville City Care Ltd
- Townsville City Church
- Royals Church Ltd
- Royals Church Estate Ltd
- Royals Care Australia Ltd
- Faith City Worship Centre
- Hume Samoan Assembly Of God Inc
- Reality Church Ltd
- Lighthouse All Nations Church
10 Schedule 1 (table item 141, column 1)
After paragraph (bb), add:
- C3 Church Inc
- C3 Church Redland Bay Limited
- The Cage Youth Foundation Ltd
- Christian City Church Kalgoorlie
11 Schedule 1 (table item 144, column 1)
After paragraph (f), add:
- Spirit Life Christian Church Ltd
- The Full Gospel Churches of Australia Limited
- Radiant Church Australia Ltd
12 Schedule 1 (table item 148, column 1)
After paragraph (ab), add:
- Christian Life Church Kyogle Ltd
13 Schedule 1 (at the end of the table)
Add:
383 | ACS Mutual – Christ Our Hope Community (a) Christ Our Hope Community |
384 | ACS Mutual – Enable Partners International (a) Enable Partners International Inc. |
385 | Seventh-day Adventist Church - Adsafe Limited
- Seventh-day Adventist Church (Western Australian Conference) Limited
- Seventh-day Adventist Schools (Western Australia) Limited
- Seventh-day Adventist Care (Western Australia) Limited
- WA Conference of the Seventh Day Adventist Church (being the unincorporated religious and charitable association)
- Seventh-Day Adventist Church (Australian Union Conference) Limited
- Mamarapha College Ltd
- Adventist Development & Relife Agency Australia Limited
- Seventh-day Adventist Church Australian Union Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (Northern Australian Conference) Limited
- Seventh-day Adventist Schools (Northern Australian) Limited
- Seventh-day Adventist Church Northern Australian Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (South Queensland Conference) Limited
- Seventh-day Adventist Schools (South Queensland) Limited
- Seventh-day Adventist Aged Care (South Queensland) Limited
- Seventh-day Adventist Church South Queensland Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (North New South Wales Conference) Limited
- Seventh-day Adventist Schools (North New South Wales) Limited
- Seventh-day Adventist Aged Care (North New South Wales Conference)
- Seventh-day Adventist Church North New South Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (Greater Sydney Conference) Limited
- Seventh-day Adventist Schools (Greater Sydney) Limited
- Seventh-day Adventist Aged Care (Greater Sydney) Limited
- Seventh-day Adventist Church Greater Sydney Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (South New South Wales Conference) Limited
- Seventh-day Adventist Schools (South New South Wales Conference) Limited
- Seventh-day Adventist Church South New Wales Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (Victorian Conference) Limited
- Seventh-day Adventist Schools (Victoria) Limited
- Seventh-day Adventist Aged Care (Victoria) Limited
- VIC Conference of the Seventh Day Adventist Church (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (Tasmanian Conference) Limited
- Seventh-day Adventist Schools (Tasmania) Limited
- Seventh-day Adventist Church Tasmanian Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (South Australian Conference) Limited
- Seventh-day Adventist Schools (South Australia) Limited
- Seventh-day Adventist Church South Australia Conference (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (SPD) Ltd
- South Pacific Division of the Seventh-day Adventist Church (being the unincorporated religious and charitable association)
- Seventh-day Adventist Church (Pacific) Limited
- Adventist Healthcare Limited
- Avondale University College Ltd
- Australasian Research Institute
- Any organisation or bodies corporate, owned or operated by the institutions listed in paragraphs (a) to (aq) of this Table Item 385, any corporation established by the South Pacific Division of the Seventh Day Adventist Church (South Pacific Division), any union conferences of the South Pacific Division and any of their constituent conferences and any bodies designated as an affiliated entity, any Seventh-day Adventist Church organisation within the South Pacific Division and any Affiliated Entity or any Denominational Entity within the meaning of these terms in clause 3 of the constitution of Adsafe Ltd ABN 61 615 376 997 dated 10 May 2020, whether incorporated or unincorporated and whether still existing or defunct, but not including the institutions listed in paragraphs (a) to (aq) of this Table Item 385.
|
386 | Cottage by the Sea, Queenscliff - Cottage by the Sea, Queenscliff Inc.
- The Ministering Children’s League
|
387 | Girl Guides Australia - Girl Guides Australia
- Girl Guides Association (New South Wales)
- Girl Guides Association of Tasmania
- Girl Guides South Australia Inc
- Girl Guides Association of Victoria
- Girl Guides Western Australia Inc
- Australian Girl Guides Foundation
- Girls Guides Australia Inc
- Girl Guides Association NSW Armidale Support Group (from 2000 to 2004)
- Girl Guides Association NSW Moree Support Group
- Hay Girl Guides Association (from 2011 to 2020)
- Bendemeer Girl Guide Support Group (from 2000 to 2020)
- Girl Guide Association of NSW Bathurst Support Group (from 2000 to 2020)
- Girl Guides NT Incorporated (from 1999 to 2020)
- Girl Guides Assn NSW ACT Region (from 2000 to 2020)
|
388 | Missionary Sisters of the Sacred Heart - Missionary Sisters of the Sacred Heart Property Association
- Missionary Sisters of the Sacred Heart of Jesus
- Mena House Private Hospital
- Sacred Heart Hospital
- Holy Cross Private Hospital
|
389 | Riverwood Community Centre - Riverwood Community Centre Ltd
- Voices of Riverwood (from 1976 to 1987)
- Riverwood Community Centre Incorporated (from 1987 to 2012)
|
390 | Presentation Sisters Western Australia - The Congregation of the Presentation Sisters (W.A.) Incorporated
- Corpus Christi School (from 1960 to 1966)
- Our Lady Help of Christians School (from 1942 to 1948)
- Our Lady Help of Christians School (from 1952 to 1968)
- Our Lady of Fatima (from 1940 to 1966)
- Presentation Primary School (from 1955 to 1966)
- Sacred Heart School (from 1909 to 1966)
- St Brigid’s School (from 1942 to 1976)
- St Cecilia’s School (from 1949 to 1954)
- St Francis Xavier (from 1955 to 1975)
- St John’s School (from 1942 to 1958)
- St John’s School (from 1940 to 1942)
- St Joseph’s School (from 1963 to 1976)
- St Mary’s School (from 1954 to 1974)
- St Patrick’s School (from 1943 to 1968)
- St Peter’s School (from 1943 to 1958)
- St Therese School (from 1959 to 1974)
- St Therese School (from 1962 to 1965)
- Star of the Sea School (from 1905 to 1962)
|
391 | St Andrew’s College - The Council of St Andrew’s College
- Saint Andrew’s College Pty Ltd
|
392 | Presbyterian Church in Western Australia - The Presbyterian Church in Western Australia
- Albany Presbyterian Church
- Presbyterian Church Bassendean
- Bicton Presbyterian Church
- Bunbury Region Presbyterian Church
- Scots Presbyterian Church
- Mandurah Presbyterian Church
- St Columba’s Presbyterian Church
- Henderson Memorial Presbyterian Church
- Presbyterian Church Whitfords
- Rockingham Presbyterian Church
- Presbyterian Church in WA Presbyterian Homes for the Aged
- Living Hope Presbyterian Community Church
- Como Presbyterian Church
- Guildford Presbyterian Church
- Joondalup Presbyterian Church
- Karawara Presbyterian Church
- Kardinya Lakes Presbyterian Church
- Marangaroo Presbyterian Church
- Padbury Presbyterian Church
- Spanish-Portuguese Presbyterian Church
- Sovereign Grace Presbyterian Church
- Rangevue Hostel
- Benmore Presbyterian Children’s Home
- Burnbrae Presbyterian Children’s Home
- Wotjulum Mission
- Palmerstone House
|
393 | Australian Air League Incorporated |
394 | Football NSW Limited |
395 | Presbyterian Ladies’ College (located in East Melbourne, Victoria) |
396 | Weldon Children’s Services |
397 | Western Australian Cricket Association Ltd |
398 | ACS Mutual – Life-Gate - Life-Gate Incorporated
- Life-Gate Freedom Centre Incorporated
|
399 | North Australian Pastoral Company Pty. Limited |
400 | Offenders Aid & Rehabilitation Services of South Australia Incorporated |
401 | Queensland Police-Citizens Youth Welfare Association |
402 | Masonic Investments Limited – Freemasons NSW and ACT - The United Grand Lodge of New South Wales and the Australian Capital Territory of Ancient, Free and Accepted Masons
|
403 | Missionaries of God’s Love Trust – Missionaries of God’s Love - Missionaries of God’s Love
|
404 | ACS Mutual – Beverley RLC Fellowship (a) Beverley RLC Fellowship Incorporated |
405 | ACS Mutual – Bible Faith Fellowship (a) Bible Faith Fellowship |
406 | ACS Mutual – Maryborough Christian Education Foundation (a) Maryborough Christian Education Foundation Ltd |
407 | ACS Mutual – Onesimus Foundation (a) Onesimus Foundation Limited |
408 | Big Brother Movement NSW - B.B.M LTD
- Big Brother Movement of NSW (as in existence from 1925 to 1947)
|
409 | Deaf Services - Deaf Services Limited
- The Deaf Society
- Deaf Education Network Ltd
|
410 | St Giles Society - St Giles Society Ltd
- St Giles Society
- St Giles Society Inc
|
411 | St Vincent de Paul Society - St Vincent de Paul Society National Council of Australia Incorporated
- The Trustees of the Society of St Vincent de Paul Society National Council of Australia
- St Vincent de Paul Society (Canberra/Goulburn) Incorporated
- The Trustees of the Society of St Vincent de Paul (NSW)
- St Vincent de Paul Society (NT) Inc
- St Vincent de Paul Society Queensland
- St Vincent de Paul Society (SA) Inc
- St Vincent De Paul Society (Tasmania) Inc
- St Vincent de Paul Society Victoria Inc
- St Vincent de Paul Society (WA) Incorporated
- St Vincent de Paul Society National Council of Australia Incorporated
- St Vincent de Paul Society NSW
- St Vincent de Paul Housing
- St Vincent de Paul Society Queensland Housing
- Ozcare
- Amelie Housing
- Vincent Industries Inc
- Tastex Knitwear Inc
- Bethlehem House Tasmania Inc
- St Vincent Industries Inc
- VincentCare Victoria
- VincentCare Community Housing
- Society of St Vincent de Paul (Victoria)
- Society of St Vincent de Paul Pty Ltd
- All other works of The Society of St Vincent de Paul in Australia, including any Conferences endorsed by a State or Territory Council and any other works which are or were, at the relevant time, established pursuant to The Rule whether incorporated or unincorporated and whether still existing or now defunct
|
412 | Sunshine Association of Tasmania - Sunshine Association of Tasmania Inc.
- Sunshine Home
|
413 | St Annes Broken Hill Administration Limited – St Anne’s Broken Hill - Saint Anne’s Home of Compassion Broken Hill South
|
414 | St John Ambulance Australia (ACT) Incorporated |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 21) Declaration 2020I was enacted to address the need for ongoing updates to the list of institutions and organisations eligible for the National Redress Scheme for Institutional Child Sexual Abuse. The Scheme, established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, aims to provide a process for the redress of harm caused by child sexual abuse that occurred in institutional settings. The enacting body was Anne Ruston, the Minister for Families and Social Services, and the policy objective of this amendment was to ensure that the list of eligible institutions and organisations remains current and comprehensive. The Declaration includes amendments to the list of institutions and organisations covered by the Scheme, ensuring that redress can be provided to all eligible victims of institutional child sexual abuse.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 21) Declaration 2020 pertains to amendments under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which deals with institutional child sexual abuse redress in Australia. The Act applies to specified institutions, including religious and community organisations, which have been implicated in child sexual abuse cases. These institutions are listed in the schedules of the Act and include Seventh-day Adventist Church institutions, Girl Guides Australia, and others. The amendments identify additional institutions to be covered under the scheme, extending the scope of the Act. The amendments also adjust the references to these institutions in the Act, ensuring clarity and comprehensive coverage. The instrument extends the application of the Act through its amendments to the original declaration and schedules, thereby broadening the geographic and jurisdictional reach to include more institutions across Australia. There are no explicit exclusions, exemptions, or thresholds stated in the Declaration itself, but these may be defined in the subordinate instruments or the original Act.
Key Provisions
This legislation, the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 21) Declaration 2020, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The main sections of this instrument include its name (Section 1), commencement dates (Section 2), authority under which it is made (Section 3), and the schedules that list the amendments (Section 4). The instrument commences on the day after it is registered, with specific sections taking effect immediately after the initial commencement (Section 2). The instrument is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Section 3).
The amendments outlined in Schedule 1 pertain to the inclusion of additional institutions and entities involved in institutional child sexual abuse. These include the Seventh-day Adventist Church institutions, Adsafe Limited, and various other entities such as Girl Guides Australia, Girl Guides Associations from different states, and institutions operated by the Presbyterian Church in Western Australia. The amendments also add new institutions like the Deaf Services, St Giles Society, and St Vincent de Paul Society. These additions ensure that the National Redress Scheme covers a broader range of entities implicated in child sexual abuse.
The obligations imposed by this Act primarily involve the recognition and inclusion of additional institutions within the National Redress Scheme. These institutions are now required to comply with the provisions of the scheme, including reporting and redress mechanisms for victims of institutional child sexual abuse. The entities listed in the schedules must adhere to the guidelines and processes established under the scheme to provide redress to victims.
Breach of the provisions outlined in this instrument may lead to legal consequences. While specific offences and penalties are not detailed within the instrument, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 could result in civil or criminal penalties. These may include fines and imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the primary Act and relevant legal frameworks.