National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 12) Declaration 2021
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 14 December 2021
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 (2021 Measures No.12) Declaration 2021.
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 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Note: This table relates only to the provisions of this instrument as originally made.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 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
- Section 11 (at the end of the table)
Add:
136 | The Australian Community Support Organisation Ltd. institutions as at paragraphs (c) and (d) of Item 554 of the Table in Schedule 1 to this instrument | Australian Community Support Organisation Ltd. |
137 | The Carey Baptist Grammar Schools Limited institutions as at paragraph (b) of Item 555 of the Table in Schedule 1 to this instrument | Carey Baptist Grammar Schools Limited |
138 | The Trustees of the Presentation Sisters, Diocese of Lismore institution as at paragraph (b) of Item 556 of the Table in Schedule 1 to this instrument | The Trustees of the Presentation Sisters, Diocese of Lismore |
139 | The Waverley Christian College Inc institutions as at paragraphs (b) and (c) of Item 557 of the Table in Schedule 1 to this instrument | Waverley Christian College Inc |
140 | The Anglican Church of Australia institution as at paragraph (fe) of Item 7 of the Table in Schedule 1 to this instrument | Anglican Representative (National Redress Scheme) Limited |
- Subsection 15(1) (table item 3, column 1)
Omit the words “All Anglican Church of Australia institutions as at Item 7 of the table in Schedule 1 to this instrument” to “All Anglican Church of Australia institutions as at paragraphs (a) to (fd) at Item 7 of the table in Schedule 1 to this instrument”.
- Subsection 15(1) (table item 210, column 1)
Omit the words “paragraphs (a) and (b) of”.
- Subsection 15(1) (table item 212, column 1)
Omit the words “paragraph (a) of”.
- Subsection 15(1) (at the end of the table)
Add:
213 | All Australian Community Support Organisations Ltd. institutions as at paragraphs (a) to (b) of Item 554 of the Table in Schedule 1 to this instrument | Australian Community Support Organisation Ltd. |
214 | All Carey Baptist Grammar Schools Limited institutions as at paragraph (a) of Item 555 of the Table in Schedule 1 to this instrument | Carey Baptist Grammar Schools Limited |
215 | All International Society for Krishna Consciousness Incorporated institutions as at Item 558 of the Table in Schedule 1 to this instrument | International Society for Krishna Consciousness Incorporated |
216 | All Trustees of the Presentation Sisters, Diocese of Lismore Institutions as at paragraph (a) of Item 556 of the Table in Schedule 1 to this instrument | The Trustees of the Presentation Sisters, Diocese of Lismore Institutions |
217 | All Waverley Christian College Inc institutions as at paragraph (a) of Item 557 of the Table in Schedule 1 to this instrument | Waverley Christian College Inc |
- Schedule 1 (table item 7, column 1)
After paragraph (ez), insert:
(fa) St Columba College Munno Para Incorporated
(fb) Mission to Seafarers Geelong Inc
(fc) Whitsunday Anglican School Limited
(fd) The Church Missionary Society – South Australia Inc
(fe) St Georges Community Care Dunsborough
- Schedule 1 (table item 24, column 1)
After paragraph (at), insert:
(au) Kings College
(av) Grace College
- Schedule 1 (table item 140, column 1, paragraph (mk) and (we))
Omit.
- Schedule 1 (table item 143, column 1, paragraph (c))
Omit.
- Schedule 1 (table item 262)
Omit.
- Schedule 1 (table item 385, column 1)
After paragraph (ar), insert:
(as) Karalundi Mission
(at) Wiluna Mission
- Schedule 1 (at the end of the table)
Add:
553 | Radio 4BC Brisbane Pty Limited |
554 | Australian Community Support Organisation Ltd. (a) Australian Community Support Organisation Ltd. (b) McCormack Housing Ltd (c) The Epistle Centre (d) Access Community Group Ltd |
555 | Carey Baptist Grammar Schools Limited (a) Carey Baptist Grammar Schools Limited (b) Carey Baptist Grammar School |
556 | The Trustees of the Presentation Sisters, Diocese of Lismore (a) The Trustees of the Presentation Sisters, Diocese of Lismore (b) St Mary’s College for Girls |
557 | Waverley Christian College Inc (a) Waverley Christian College Inc (b) Waverley Christian College (c) Parkmore Full Gospel College |
558 | International Society for Krishna Consciousness Incorporated - International Society for Krishna Consciousness Incorporated (ABN 58 057 463 046)
- International Society for Krishna Consciousness Incorporated (ABN 79 402 364 882)
- International Society for Krishna Consciousness Adelaide
- International Society for Krishna Consciousness (Iskcon)
- International Society for Krishna Consciousness (Iskcon) Canberra
- International Society for Krishna Consciousness Incorporated (ABN 99 863 887 507)
- International Society for Krishna Consciousness Sydney
- International Society for Krishna Consciousness (Iskcon) Farm
- Iskcon NG
- Iskcon Primary School
- Balabah Enterprises Pty. Ltd.
- Baladeva Pty. Ltd.
- Gouranga Pty. Ltd.
- Govinda Valley Pty Ltd
- Gor.Ung.Ga Trading Pty. Ltd.
- Kuvera Holdings Pty Ltd
- Caring for Life
- Hare Krishna Food for Life
- Hare Krishna Food for Life Group Inc
- Hare Krishna Food for Life Hunter Valley Inc.
- Hare Krishna Food for Life Inc (ABN 30 587 589 550)
- Hare Krishna Food for Life Inc (ABN 87 439 891 565)
- Hare Krishna Food for Life Inc (ABN 49 782 840 594)
- Hare Krishna Food for Life Incorporated South Australia
- International Society for Krishna Consciousness Incorporated (ABN 25 109 674 510)
- International Society for Krishna Consciousness Australia Incorporated
- International Society for Krishna Consciousness Holdings Limited
- International Society for Krishna Consciousness Adelaide Limited
- International Society for Krishna Consciousness Brisbane Limited
- International Society for Krishna Consciousness Canberra Limited
- International Society for Krishna Consciousness Sydney Limited
- International Society for Krishna Consciousness Perth Limited
- Iskcon Krishna Farm (New Govardhan) Limited
- International Society for Krishna Consciousness (Iskcon) Farm Limited
- International Society for Krishna Consciousness West Sydney Limited
- International Society for Krishna Consciousness Melbourne Limited
- Bhaktivedanta Swami Gurukula Limited
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Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 12) Declaration 2021I was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The instrument was made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and was signed by Anne Ruston, the Minister for Families and Social Services. The purpose of this amendment was to ensure that the National Redress Scheme covers additional institutions involved in child sexual abuse, thereby expanding the scope of the Scheme to provide redress to more victims. The commencement of the instrument occurred in stages, with certain provisions coming into effect immediately after registration, and others following the commencement of the initial provisions. The policy objective of the Act is to provide a national redress scheme for victims of institutional child sexual abuse, ensuring that they have access to compensation and support.
The Declaration amends the original instrument by adding specific institutions to the list of those covered by the Scheme. This includes adding new entries to the table in Schedule 1 of the original Declaration and making corresponding changes to the text. These amendments ensure that the Scheme's scope is broadened to encompass additional institutions, thereby addressing the problem of underrepresentation of certain entities within the Scheme. The amendments reflect a commitment to ensuring comprehensive redress for all victims of institutional child sexual abuse.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 12) Declaration 2021, made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to expand the list of institutions eligible for the scheme. This instrument applies to specific institutions involved in child sexual abuse cases and is designed to provide redress to victims of institutional child sexual abuse. The amendments come into effect on the day after the instrument is registered, with certain provisions commencing immediately after the commencement of the main instrument. The expanded list of institutions includes additional entities such as the Australian Community Support Organisation Ltd., Carey Baptist Grammar Schools Limited, The Trustees of the Presentation Sisters, Diocese of Lismore, Waverley Christian College Inc, and the Anglican Church of Australia, among others. This amendment ensures that a broader range of institutions implicated in historical child sexual abuse cases are covered under the National Redress Scheme, thereby extending the scope of redress available to victims.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 12) Declaration 2021I, issued by Anne Ruston, the Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The instrument is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and includes amendments to the list of institutions covered by the scheme. The amendments in Schedule 1, items 1, 2, and 5, will come into effect immediately after the commencement of the provisions in items 1 to 4 of the table, while the remaining provisions will commence on the day after the instrument is registered.
The Act imposes several obligations on the parties involved. Firstly, it requires the Minister for Families and Social Services to make a declaration to amend the list of institutions covered by the National Redress Scheme. The declaration must specify the institutions to be added or omitted from the list. Secondly, the Act mandates the inclusion of certain institutions and the exclusion of others from the scheme. The specific institutions and their details are outlined in the amendments provided in the Schedule 1. The changes involve adding new institutions and removing some from the list, ensuring that the scheme's coverage remains up-to-date and comprehensive.
Breaching the provisions of the Act may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for non-compliance are not detailed in the provided text, it is reasonable to infer that failure to adhere to the Act's requirements could lead to legal action. This could include fines, penalties, or other sanctions as prescribed by law. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions. It is essential for parties governed by the Act to ensure strict compliance to avoid any potential legal repercussions.