National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 2) Declaration 2021

Administered by Department of Social Services

Legislation au F2021N00048 Not in force Notifiable Instrument

Legislation content

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 2) Declaration 2021

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

Dated 19 March 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. 2) 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 4 and 19

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Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 After paragraph (g), add:

  1.              Local councils, subsidiaries or regional subsidiaries constituted under the Local Government Act, 1999, and controlling authorities constituted under the Local Government Act, 1934;

2 Section 8E (paragraphs (h) and (i))

Omit“(g)”, substitute “(ga)”.

3 Section 8E (paragraph (i))

After the word “abolished”, add “or has ceased to exist”.

4 Section 11 (at the end of the table)

Add:

114

The Scripture Union Northern Territory institution as at paragraph (b) of Item 451 of the Table in Schedule 1 to this instrument

The Scripture Union Northern Territory Limited

115

The Swimming Australia institutions as at paragraphs (b) and (c) of Item 362 of the Table in Schedule 1 to this instrument

Swimming Australia Ltd

5 Section 11A

Omit “section 126”, substitute “sections 126 and 127”.

6 Section 15(1) (table item 162, column 1)

Omit “paragraph (a) of”.

7 Section 15(1) (table item 163, column 1)

Omit “paragraph (a) of”.

8 Section 15(1) (table item 164, column 1)

Omit “paragraphs (a) and (b) of”.

9 Section 15(1) (table item 165, column 1)

Omit “paragraphs (a) to (d) of”.

10 Section 15(1) (table item 166, column 1)

Omit “paragraph (a) of”.

11 Section 15(1) (table item 168, column 1)

Omit the words “paragraph (a) of”.

12 Section 15(1) (table item 169, column 1)

Omit “paragraph (a) of”.

13 Section 15(1) (table item 171, column 1)

Omit “paragraph (a) of”.

14 Section 15(1) (table item 172, column 1)

Omit “paragraphs (a) and (b) of”.

15 Section 15(1) (table item 174, column 1)

Omit “paragraphs (a) to (be) of”.

16 Section 15(1) (table item 176, column 1)

Omit “paragraphs (a) to (d) of”.

17 Section 15(1) (table item 178, column 1)

Omit “paragraphs (a) to (au) of”.

18 Section 15(1) (table item 180, column 1)

Omit “paragraphs (a) to (c) of”.

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

Add:

182

All Greek Orthodox Archdiocese of Australia institutions as at Item 450 in Schedule 1 to this instrument

The Greek Orthodox Archdiocese of Australia Consolidated Trust

183

All Scripture Union Northern Territory institutions as at paragraph (a) of Item 451 in Schedule 1 to this instrument

The Scripture Union Northern Territory Limited

184

All Endeavour Foundation institutions as at Item 452 in Schedule 1 to this instrument

Endeavour Foundation

185

All Redlands Combined Independent College institutions as at Item 453 in Schedule 1 to this instrument

Redlands Combined Independent College Inc

186

All Act for Kids institutions as at Item 454 in Schedule 1 to this instrument

Act for Kids Limited

20 Schedule 1 (table items 133 and 224)

Repeal the items.

25 Schedule 1 (table item 140, column 1, paragraphs (al), (od) and (pf))

Repeal the paragraphs.

26 Schedule 1 (table item 148, column 1, paragraph (p))

Repeal the paragraph.

27 Schedule 1 (table item 179, column 1, paragraph (a))

Repeal the paragraph.

28 Schedule 1 (table item 353, column 1)

After paragraph (b), insert:

  1.                 Pacific Rim Employment Pty Limited

29 Schedule 1 (at the end of the table)

Add:

450

The Greek Orthodox Archdiocese of Australia

  1.                 The Greek Orthodox Archdiocese of Australia Consolidated Trust
  2.                 The Cathedral of the Annunciation of Our Lady Philoptohos Committee, Redfern
  3.                 St. Athanios Rookwood Church
  4.                 Greek Orthodox Community of Illawarra Saint Nektarios
  5.                 St Raphael’s Greek Orthodox Parish of Liverpool and District Limited
  6.                  Philoptohos Society of the Parish and Community of the Resurrection of Christ Kogarah
  7.                 The Greek Orthodox Parish of the Transfiguration of the Lord – Greek Afternoon Schools, Earlwood, NSW
  8.                 The Greek Orthodox Parish of the Transfiguration of the Lord, Earlwood, NSW
  9.                   The Greek Orthodox Parish of the Transfiguration of Our Lord – Philoptohos Society, Earlwood, NSW
  10.                   Greek Orthodox Community of Dubbo & the Central West Inc.
  11.                 The Greek Orthodox Church and Society of the City of Greater Wollongong
  12.                   The Greek Orthodox Parish of Hurlstone Park and District “St Stephanos”
  13.               The Hellenic Orthodox Community of Parramatta and Districts
  14.                 Greek Orthodox Community of Albury & District Incorporated
  15.                 The Greek Orthodox Parish and Community of St Demetrios, St Marys and District Ltd
  16.                 Greek Orthodox Archdiocese of Australia Parish of Saint Haralambos Central Coast
  17.                 Philoptohos Ladies Society of the Greek Orthodox Archdiocese of Australia Parish of Saint Haralambos Central Coast
  18.                  Afternoon Language School of the Greek Orthodox Archdiocese of Australia Parish of Saint Haralambos Central Coast
  19.                  The Greek Orthodox Archdiocese of Australia Consolidated Trust – St George Monastery Yellow Rock
  20.                   The Greek Orthodox Parish of South East Sydney – St Sprydion Sparkles Child Care
  21.                 The Greek Orthodox Parish of South East Sydney St Sprydion Canteens
  22.                 The Greek Orthodox Parish of South East Sydney St Sprydion College P & F Association
  23.               The Greek Orthodox Parish of South East Sydney St Sprydion Golf Club
  24.                 The Greek Orthodox Parish of South East Sydney St Sprydion Greek Orthodox Sunday & afternoon Schools
  25.                 The Greek Orthodox Parish of South East Sydney St Sprydion Fellowship
  26.                 The Greek Orthodox Parish of South East Sydney South East Eagles FC
  1.              The Greek Orthodox Parish of South East Sydney St Sprydion Ladies Philoptohos
  2.              The Greek Orthodox Parish of South East Sydney St Sprydion College
  3.              The Greek Orthodox Parish of South East Sydney
  4.              The Greek Orthodox Church and Community of Leichhardt & District of St. Gerasimos Limited
  5.              St Euphemia College
  6.               The Greek Orthodox Parish and Community of Bankstown and Districts “ St Euphemia”
  7.              Saint Dionysios Greek Orthodox Parish of Mangrove Mountain NSW
  8.              Greek Orthodox Archdiocese of Aust Consolidated Trust Parish of St Sophia
  9.               The Greek Orthodox War Memorial Southside Parish
  10.               Greek Orthodox Archdiocese of Australia Consolidated Trust – St Andrews Theological College Bribie Island Retreat and Recreation Centre
  11.              The Greek Orthodox Community of Innisfail and North Queensland
  12.               St John’s Community Care Brisbane Northside Limited
  13.             Greek Orthodox Archdiocese of Australia Consolidated Trust Parish of Northern Suburbs Saint Paraskevi Zillmere
  14.               Greek Orthodox Archdiocese of Australia Consolidated Trust Parish of Northern Suburbs Saint Paraskevi Zillmere Philiptochos
  15.               St Paraskevi Childcare Centre Taigum Limited
  16.               St John’s Daycare Centre Cairns Limited
  17.               St John’s Community Care
  18.                Greek Orthodox Archdiocese of Australia Consolidated Trust Parish of St John the Baptist Cairns Philiptohos
  19.                The Townsville Greek Orthodox Community of Saints Theodore Incorporated
  20.                 The Greek Orthodox Parish of the Sunshine Coast
  21.               Greek Orthodox Archdiocese of Aust Holy Monastery of Panagia Gorgoepikoos
  22.               Greek Orthodox Archdiocese of Aust Holy Monastery of Panagia Gorgoepikoos Church Building Fund
  23.              Greek Orthodox Archdiocese of Aust Holy Monastery of Panagia Gorgoepikoos religious bookstore sub-entity
  24.               Greek Orthodox Archdiocese of Aust Holy Monastery of Panagia Gorgoepikoos Icons and Religious Items sub-entity
  25.               Greek Orthodox Archdiocese of Aust Holy Monastery of Panagia Gorgoepikoos Bonbonieres sub-entity
  26.                Elderly group of the Greek Orthodox Community of Hobsons Bay
  1.               Greek Orthodox Parish of N Altona & Districts
  2.               Greek Orthodox Parish and Community of the Dormition of Our Lady
  3.               Womens Group of the Greek Orthodox Community of Hobsons Bay
  4.               Greek Orthodox Archdiocese of Australia Balwyn Parish Ladies Aux
  5.               Greek Orthodox Archdiocese of Australia Parish of St Raphael East Bentleigh
  6.              Greek Orthodox Archdiocese of Australia Parish of Panagia Kamariani
  7.             Greek Orthodox Community of Frankston & Peninsula
  8.             The Greek Orthodox Community Box Hill and Districts Inc
  9.               The Hellenic Orthodox Community of Geelong – Parish of the Dormition of Our Lady
  10.               Greek Orthodox Community of Dandenong & Districts
  11.             Greek Orthodox Community of Mentone & Districts
  12.               Greek Orthodox Archdiocese of Australia Second Archdiocesan District Central Philoptohos
  13.           Greek Orthodox Archdiocese of Australia  – Cemetery Church St. Lazarus
  14.             Greek Orthodox Archdiocese of Australia Second Archdiocesan District – Central Youth
  15.             Greek Orthodox Archdiocese of Australia Consolidated Trust Youth Centre Melbourne Office
  16.             Greek Orthodox Archdiocese of Australia Second Archdiocesan District  – Theofania Carols & Festivals
  17.             Greek Orthodox Archdiocese of Australia Second Archdiocesan District  – Religious Events & Expenses
  18.              Greek Orthodox Archdiocese of Australia – Parish of St Haralambos Hall – Sub Entity
  19.              Greek Orthodox Archdiocese of Australia – Parish of St Eustathios South Melbourne Ladies Auxiliary
  20.               Greek Orthodox Archdiocese of Australia Parish of St Andrew Forest Hill
  21.             Greek Orthodox Archdiocese of Australia Parish of Clayton
  22.             The United Hellenic Association of Bunbury St Nicholas Greek Orthodox Church (WA registration A0400009B)
  23.           Holy Monastery of St John of The Mountain
  24.             Greek Orthodox Archdiocese of Australia – Parish of St Nektarios Western Australia
  25.             Greek Orthodox Archdiocese of Australia Consolidated Trust – Parish of Pantogrator
  26.              Greek Orthodox Community the Nativity of Christ Port Adelaide and Environs Inc
  1.              Greek Orthodox Community and Parish of St George Church and western Suburbs Inc.
  2.              Prophet Elias Greek Ladies Philoptohos Society
  3.              St. Dimitrios Greek Orthodox Parish of Salisbury SA
  4.              Parish of Saints Raphael, Nicholas and Irene, Athelstone S.A
  5.              Greek Orthodox Archdiocese of Australia Consolidated Trust – Holy Monastery of St Nectarios
  6.               St Sprydion’s Greek Orthodox Community Inc
  7.              Greek Orthodox Community of North Australia Inc
  8.              Greek Orthodox Community of Saint Constantinos and Eleni, Renmark

451

Scripture Union Northern Territory

  1.                 Scripture Union Northern Territory Limited
  2.                 Scripture Union Northern Territory (unincorporated) (1960 – 3 May 1977)

452

Endeavour Foundation

  1.                 Endeavour Foundation
  2.                 Community Solutions Group Ltd
  3.                 Brace Education Training & Employment Ltd
  4.                 Acclaim Apprentices and Trainees Ltd
  5.                 TORGAS Ltd
  6.                  SkillsPlus Ltd

453

Redlands Combined Independent College

  1.              Redlands Combined Independent College Inc
  2.              Redlands College Foundation Ltd

454

Act for Kids

  1.              Act for Kids Limited
  2.              Youthrive Pty Ltd
  3.              The Abused Child Trust Inc

455

Wenona School Ltd

456

Newhaven College Pty Ltd

457

Regional Housing Limited

458

Wilderness School Ltd

459

Drummond Street Services Inc.

460

Donvale Christian College

 

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 2) Declaration 2021I was made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 by Anne Ruston, the Minister for Families and Social Services, with the objective of amending the original 2018 Declaration to include additional institutions and entities that were involved in institutional child sexual abuse. The amendments address gaps in the initial scheme by broadening the scope of institutions and entities covered, ensuring a more comprehensive redress scheme for victims of child sexual abuse in institutional settings. The Declaration came into effect on 20 March 2021, following its registration, and includes amendments to the list of institutions and entities, as well as modifications to various sections of the original Act to incorporate the new entities and update references accordingly. The enacting body for this Declaration is the Parliament of Australia, which legislated to establish the National Redress Scheme for Institutional Child Sexual Abuse in 2018, and subsequently authorised amendments to ensure the scheme remains effective and inclusive of all relevant institutions and entities involved in child sexual abuse. The policy objective of the amendments is to provide a more comprehensive and fair redress scheme for victims of institutional child sexual abuse, by including additional institutions and entities that were previously not covered under the original scheme.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 2) Declaration 2021I, 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. This instrument applies to various entities involved in institutional child sexual abuse, including local councils and their subsidiaries or regional subsidiaries constituted under the Local Government Act, 1999, and controlling authorities constituted under the Local Government Act, 1934. The amendments extend to entities that have ceased to exist or been abolished. Certain institutions and entities are added to the list of those covered by the scheme, such as the Scripture Union Northern Territory, Swimming Australia, and others specified in the Schedule 1 amendments. The amendments also modify references in various sections and items to ensure the scheme's scope and application are correctly aligned. The instrument has a national jurisdictional reach, affecting institutions across Australia and their related entities. The commencement of the amendments follows a specific timeline, with certain provisions taking effect immediately after the instrument's registration and others on specified dates. The instrument does not include any stated exclusions or exemptions but is subject to further clarification or modification through subordinate instruments as necessary.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 2) Declaration 2021I, made by Anne Ruston, Minister for Families and Social Services, amends the existing legislation regarding the National Redress Scheme for Institutional Child Sexual Abuse. The key provisions of this amendment include the addition of new entities eligible for the Scheme and the modification of existing provisions (Schedule 1). The amendments to Section 8E introduce new categories of institutions, such as local councils, subsidiaries, and controlling authorities under the Local Government Act, 1999 and 1934, as eligible for the Scheme. Section 11 is updated to include additional institutions such as The Scripture Union Northern Territory Limited and Swimming Australia Ltd. Additionally, Section 15 has been revised by removing specific references to paragraphs in table items, and new table items have been added to account for new institutions like the Greek Orthodox Archdiocese of Australia Consolidated Trust, Endeavour Foundation, and others. The obligations imposed by this Act require eligible institutions to participate in the National Redress Scheme, which includes providing information, cooperating with the Scheme, and making payments to eligible victims of institutional child sexual abuse. This means that institutions must ensure compliance with the Scheme's requirements, such as submitting relevant documentation and facilitating victim claims. They must also ensure that any changes in their legal status or mergers are reported to the Scheme to maintain accurate records. Breaches of the Act can lead to various consequences. Although specific penalties are not detailed within the provided text, generally, the penalties for non-compliance with the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can include fines and other legal actions. Institutions failing to comply with the requirements may face enforcement actions, including legal proceedings that could result in substantial financial penalties. It is essential for institutions to adhere to the provisions to avoid these potential legal and financial repercussions.

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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.