National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 9) Declaration 2020
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 16 June 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. 9) 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 and 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Note: This table relates only to the provisions of this instrument as originally made.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 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 11 (at the end of the table)
Add:
57 | The Religious Society of Friends (Quakers) in Australia Inc. institution as at paragraph (r) of Item 218 of the Table in Schedule 1 to this instrument | The Religious Society of Friends (Quakers) in Australia Inc. |
2 Subsection 15(1) (table item 91, column 1)
Omit the words “paragraphs (a) to (m) of”
3 Subsection 15(1) (table item 92, column 1)
Omit the words “paragraphs (a) to (c) of”
4 Subsection 15(1) (table item 93, column 1)
Omit the words “paragraph (a) of”
5 Subsection 15(1) (at the end of the table)
Add:
94 | All St John of God Health Care Inc institutions as at Item 217 of the Table in Schedule 1 to this instrument | St John of God Health Care Inc |
95 | All The Religious Society of Friends (Quakers) in Australia Inc. institutions as at paragraphs (a) to (q) of Item 218 of the Table in Schedule 1 to this instrument | The Religious Society of Friends (Quakers) in Australia Inc. |
6 Schedule 1 (at the end of the table)
Add:
214 | Kyabra Community Association Inc |
215 | Korowa Anglican Girls’ School |
216 | The Ivanhoe Grammar School |
217 | St John of God Health Care Inc - St John of God Health Care Inc
- St John of God Outreach Services
- ACN 003 667 696
- Marillac
- St John of God Foundation Inc.
- St John of God Hawkesbury District Health Campus Ltd
- St John House Inc
|
218 | The Religious Society of Friends (Quakers) in Australia Inc. - The Religious Society of Friends (Quakers) in Australia Inc.
- The Religious Society of Friends (Quakers) in Canberra Inc.
- The Religious Society of Friends (Quakers) New South Wales Regional Meeting Incorporated
- The Religious Society of Friends (Quakers) Queensland Regional Meeting Inc.
- The Religious Society of Friends (South Australia and Northern Territory Regional Meeting) Inc.
- The Religious Society of Friends Quakers in Tasmania Incorporated
- The Religious Society of Friends Quakers Victoria Regional Meeting Inc.
- The Religious Society of Friends (Quakers) Western Australia Regional Meeting Inc.
- The Religious Society of Friends (Adelaide Meeting) Inc. (includes The Religious Society of Friends Quaker Shop)
- The Religious Society of Friends Blue Mountains Local Meeting Inc.
- The Religious Society of Friends Devonshire Street Meeting
- The Religious Society of Friends – Hunter Valley Local Meeting
- The Religious Society of Friends (Quakers) Wahroonga Local Meeting
- Australian Friends Fellowship of Healing Charitable Trust
- Kangaroo Valley Friends Properties Pty Ltd
- Quaker Service Australia Limited
- Silver Wattle Quaker Centre Limited
- Australia General Meeting (component of London Yearly Meeting) (1902-1964)
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 9) Declaration 2020I was enacted to address issues and gaps in the initial legislation, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This amendment was introduced by Anne Ruston, the Minister for Families and Social Services, under the authority granted by specific sections of the original Act. The policy objective of this amendment is to ensure that the redress scheme can effectively and efficiently provide support to victims of institutional child sexual abuse by expanding the scope of institutions covered under the scheme. This is achieved by amending the list of institutions to include additional entities, thereby broadening the scheme's coverage and its ability to address the needs of more victims.
The enactment of this declaration by the relevant legislature aims to refine and enhance the operational framework of the National Redress Scheme, ensuring that it remains a robust mechanism for providing redress to those affected by institutional child sexual abuse. By specifying the institutions that fall under the purview of the scheme, the amendment seeks to uphold the integrity and effectiveness of the redress process, thereby contributing to the broader goal of supporting and compensating victims.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 9) Declaration 2020 applies to the entities and institutions listed within the instrument, including the addition of The Religious Society of Friends (Quakers) in Australia Inc. and St John of God Health Care Inc. to the list of institutions under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. The amendments extend the coverage of the Scheme to include these institutions and their respective entities, ensuring they are subject to the requirements and provisions outlined in the Act. The legislation operates nationally across Australia, applying to any institution or entity involved in institutional child sexual abuse as defined under the Act. Any exclusions or exemptions are specified within the Act itself or through subordinate legislation, which may further clarify the scope and application of the Scheme. The instrument commenced on the day after registration, with specific provisions starting immediately after the commencement of other related provisions, ensuring a timely and coordinated implementation of the amendments.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 9) Declaration 2020I, issued by the Minister for Families and Social Services, Anne Ruston, includes several key provisions. Firstly, Section 1 specifies the name of the instrument, while Section 2 outlines the commencement dates for various provisions (Section 2(1)). The commencement dates are detailed in a table, with certain sections and amendments coming into effect the day after registration, and others immediately after the commencement of the main provisions (Section 2(2)). The authority for making this instrument is derived from specific subsections and sections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Section 3). The amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 are detailed in Schedule 1, which includes changes to tables and the addition of new institutions (Schedule 1, items 1-6).
The obligations imposed by this legislation primarily involve amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The amendments include adding new institutions to the list of those covered by the scheme, such as The Religious Society of Friends (Quakers) in Australia Inc. and various St John of God Health Care Inc institutions (Schedule 1, items 1 and 5). Additionally, the legislation removes specific references from subsection 15(1) that previously limited the scope of certain provisions, thereby broadening the applicability of these subsections (Schedule 1, items 2-4). These changes aim to ensure that more institutions are included in the scheme, providing redress to additional victims of institutional child sexual abuse.
Breaching the provisions of this legislation could result in civil and criminal consequences. While the specific penalties are not detailed within the text provided, breaches of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 generally could lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or additional legislative provisions. The inclusion of new institutions and the broadening of certain subsections suggest a commitment to ensuring comprehensive coverage and support for victims, underscoring the seriousness with which breaches of these provisions would be treated.