National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 3) Declaration 2020
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 14 March 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.3) 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, item 5 | 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Note: This table relates only to the provisions of this instrument as originally made.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 sections 115(2), 119, 126, 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Each instrument that is specified in Schedule 1 to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in Schedule 1 to this instrument has effect according to its terms.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 45, insert:
46 | All Lutheran Church of Australia institutions included in a class of participating non-government institutions, as at paragraphs (c), (e), (g), (i), (k), and (m) of Item 86 of the Table in Schedule 1 to this instrument | Lutheran Church of Australia |
47 | All Presentation Association institutions as at paragraphs (f)-(v) of Item 162 of the Table in Schedule 1 to this instrument | Presentation Association Inc. |
2 Section 15 (table – item 71)
Omit the words “, except those institutions as at paragraphs (b) and (ah)-(ct) that are defunct” from column 1.
3 Section 15 (table – item 72)
Omit the words “paragraph (a)-(d) of” from column 1.
4 Section 15 (table – item 75)
Omit the words “paragraph (a) of” from column 1.
5 Section 15 (table)
After item 75, insert:
76 | All Presentation Association institutions as at paragraphs (a)-(e) of Item 162 of the Table in Schedule 1 to this instrument | Presentation Association Inc. |
77 | All Sydney Church of England Grammar School institutions as at Item 163 of the Table in Schedule 1 to this instrument | Sydney Church of England Grammar School Council, also known as ‘Sydney Church of England Grammar School’ and ‘Shore’ |
6 Schedule 1 (table – item 7)
After paragraph (cs), insert:
(ct) Amana Living Incorporated
(cu) The Ballarat Diocesan Trustees
(cv) Bunbury Cathedral Grammar School Inc
(cw) Cranbrook School
(cx) Gippsland Grammar
(cy) St John’s Youth Services Incorporated
7 Schedule 1 (table)
After item 160 to the table, insert:
161 | Scripture Union - Scripture Union Queensland
|
162 | Presentation Association - Presentation Association Inc.
- Presentation Sisters Victoria
- Presentation College Windsor (PCW Melbourne)
- Presentation Family Centre
- Presentation Family Project (Education Program)
- Holy Cross Convent
- Holy Rosary Boarding School
- Holy Rosary Secondary School
- Mount Carmel College (Boarding School)
- Mount Carmel College (Secondary School)
- O’Neill College (Secondary School)
- O’Neill Primary School
- PCW – Boarding Facilities
- Presentation College Secondary School
- Presentation College Windsor – Primary Girls
- Presentation Primary – Junior Boys
- St Angela’s Secondary Schools for Girls
- St Fintan’s Primary School
- St Joseph’s (Boarding School)
- St Mary’s Boarding School
- Star of the Sea College – Boarding for Residential Students
- Star of the Sea Primary School
|
163 | Sydney Church of England Grammar School (Shore) - Sydney Church of England Grammar School Council (also known as ‘Sydney Church of England Grammar School’)
- Shore Nominees Limited
- The Shore Foundation Limited
- The Shore Foundation Building Trust
- The Shore Foundation Education Trust
- The Trustees for Museum Trust (also known as ‘The Shore Foundation Museum Trust’)
- The Trustees for the Shore Foundation Scholarships Trust
- Shore Old Boy’s Union
- Shore Parents’ Association
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Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 3) Declaration 2020I was made by Anne Ruston, Minister for Families and Social Services, to amend the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The amendment was introduced to address gaps in the scheme's coverage by expanding the list of participating institutions eligible for compensation. The instrument was made under the authority of several sections of the original Act and commenced on the day after it was registered, with specific provisions coming into effect on a staggered timeline as outlined in the Schedule. The policy objective of these amendments is to ensure that more institutions, particularly those previously excluded or not explicitly mentioned, are included in the scheme to provide redress to victims of institutional child sexual abuse.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 3) Declaration 2020, issued under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, extends the scope of the National Redress Scheme to include additional institutions involved in institutional child sexual abuse. The Act applies to participating non-government institutions and their affiliated entities, specifically targeting Lutheran Church of Australia institutions, Presentation Association institutions, and Sydney Church of England Grammar School entities, among others. The amendments and insertions into the original Declaration 2018, as specified in Schedule 1, ensure that the scheme's reach is expanded to cover a broader range of institutions previously omitted or not explicitly included. The legislative amendments are designed to ensure comprehensive coverage of institutions implicated in institutional child sexual abuse within Australia, thereby providing a pathway for redress to affected individuals. The changes are effective from the dates specified in the commencement provisions of the Declaration, with some provisions applying immediately after the instrument is registered, while others follow a specific schedule. This legislative update does not explicitly state exclusions, exemptions, or thresholds, implying that the broadened scope aims to encompass all qualifying institutions involved in institutional child sexual abuse within the participating non-government sector.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 3) Declaration 2020I primarily serves to amend the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This amendment introduces new provisions that add specific institutions to the list of participating non-government institutions eligible for the scheme (Schedule 1). The changes are detailed in the table within the Schedule, where new entries are inserted or existing ones are modified. Section 15 of the original Declaration is particularly affected, with adjustments to the list of institutions covered by the scheme. The commencement of these amendments follows a structured timeline: sections 1 to 4, along with any amendments in Schedule 1 not specifically covered elsewhere in the table, commence the day after this instrument is registered (Section 2(1)). Other provisions in Schedule 1, item 5, take effect immediately after the commencement of the aforementioned provisions.
The obligations imposed by this amendment on the relevant parties include the inclusion of specified institutions within the National Redress Scheme for Institutional Child Sexual Abuse framework. These institutions are now subject to the processes and requirements set out in the original Act, enabling survivors of child sexual abuse to access the scheme. The participating institutions are required to adhere to the guidelines and procedures established by the scheme, including the handling of claims and the provision of redress to victims. Additionally, the institutions must ensure compliance with any new requirements or changes introduced by the amendment, such as those outlined in the updated tables in Schedule 1.
The amendment does not introduce new offences or penalties but rather updates the list of institutions covered by the National Redress Scheme for Institutional Child Sexual Abuse. The original Act, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, outlines the offences and penalties related to the scheme, including potential civil and criminal consequences for non-compliance. For instance, section 115 of the Act provides for civil penalties for failure to comply with the scheme, while section 126 allows for the imposition of criminal penalties for serious breaches. The specific maximum penalties are detailed within the Act and may include fines and imprisonment, depending on the nature and severity of the offence.