National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 3) Declaration 2021
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 30 April 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. 3) 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 4 | 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
116 | The Christian Outreach Centre institutions as at paragraph (h) of Item 470 of the Table in Schedule 1 to this instrument | Christian Outreach Centre |
117 | The Commonwealth Games Australia institutions at a paragraphs (g) to (m) of Item 471 in Schedule 1 to this instrument | Commonwealth Games Australia Ltd |
118 | The Gold Coast Legacy Club institutions as at paragraphs (b) to (o) of Item 472 in Schedule 1 to this instrument | Gold Coast Legacy Club Ltd |
119 | The Scripture Union Victoria institutions as at paragraphs (b) to (f) of Item 474 in Schedule 1 to this instrument | Scripture Union Victoria |
120 | The Franciscan Missionaries of Mary institutions as at paragraphs (b) to (h) of Item 475 in Schedule 1 to this instrument | The Trustees of the Franciscan Missionaries of Mary |
2 Section 11C (table item 1, column 1)
Omit the words “and 404-407”, insert the words “, 404-407 and 462, 477-480”.
3 Section 15(1) (table item 183, column 1)
Omit “paragraph (a) of”.
4 Subsection 15(1) (at the end of the table)
Add:
187 | All Christian Outreach Centre institutions as at paragraphs (a) to (g) of Item 470 in Schedule 1 to this instrument | Christian Outreach Centre |
188 | All Commonwealth Games Australia institutions as at paragraphs (a) to (f) of Item 471 in Schedule 1 to this instrument | Commonwealth Games Australia Ltd |
189 | All Gold Coast Legacy Club institutions as at paragraph (a) of Item 472 in Schedule 1 to this instrument | Gold Coast Legacy Club Ltd |
190 | All Newcastle Grammar School institutions as at Item 473 in Schedule 1 to this instrument | Newcastle Grammar School Limited |
191 | All Scripture Union Victoria institutions as at paragraph (a) of Item 474 in Schedule 1 to this instrument | Scripture Union Victoria |
192 | All Franciscan Missionaries of Mary institutions as at paragraph (a) of Item 475 in Schedule 1 to this instrument | The Trustees of the Franciscan Missionaries of Mary |
193 | All ACS Mutual – Faith Community Church institutions as at Item 476 in Schedule 1 to this instrument | ACS Mutual Ltd |
5 Schedule 1 (table item 148, column 1, paragraphs (l) and (ab))
Repeal the items.
6 Schedule 1 (table item 7, column 1)
After paragraph (es), insert:
(et) St John’s Grammar School Inc.
(eu) Investigator College Incorporated
(ev) Cannon Hill Anglican College Pty Ltd
(ew) St George’s College (Incorporated)
7 Schedule 1 (table item 141, column 1)
After paragraph (bf), insert:
(bg) C3 Church Melbourne North Ltd
8 Schedule 1 (at the end of the table)
Add:
461 | Brisbane Christadelphian Ecclesia |
462 | ACS Mutual – Momentum Church (a) Momentum Church |
463 | Federation of Western Australia Policy & Community Youth Centres Incorporated |
464 | Highview Christian Community College |
465 | Kilvington Grammar |
466 | Lifestyle Solutions |
467 | Lutanda Children’s Home |
468 | Redlands School |
469 | St John Ambulance Vic |
470 | Christian Outreach Centre - Christian Outreach Centre
- Citipointe Christian College
- Suncoast Christian College
- Highlands Christian College
- Victory College
- Red Frogs Australia Ltd
- Christian Heritage College Ltd
- Maryborough Christian Academy
|
471 | Commonwealth Games Australia - Commonwealth Games Australia Limited
- Commonwealth Games Australia – NSW Division Incorporated
- Commonwealth Games Australia WA Division Incorporated
- Australian Commonwealth Games Association Tasmanian Division Inc
- Australian Commonwealth Games Association (S.A. Division) Incorporated
- Victorian Commonwealth Games Association Inc.
- Australian British Empire Games Committee
- Australian British Empire and Commonwealth Games Committee
- Australian Commonwealth Games Association – WA Division
- Australian Commonwealth Games Association – NSW Division
- Australian Commonwealth Games Association – ACT Division
- Australian Commonwealth Games Association Northern Territory Chapter
- Australian Commonwealth Games Association (Queensland Division) Ltd
|
472 | Gold Coast Legacy Club - Gold Coast Legacy Club Ltd
- Coolangatta Contact Group of Southport Legacy Club
- Coolangatta Tweed Contact Group of Southport Legacy Club
- Coolangatta Tweed Heads Legacy Club Ltd, Enid Street
- Coolangatta Tweed Heads Legacy Club Ltd, Griffiths Street
- Coolangatta Tweed Heads Legacy Contact Group
- Gold Coast Legacy
- Gold Coast Legacy Club Inc, Nerang Road
- Gold Coast Legacy Club Inc, Southport
- Gold Coast Legacy Club Inc, Turpin Road
- God Coast Legacy, Nerang Street
- Gold Coast Legacy, Southport
- Southport Legacy Club
- Southport Legacy Club, Southport
- The Legacy Club of Southport
|
473 | Newcastle Grammar School - Newcastle Grammar School Limited
- Howzat Newcastle Pty Ltd
- The Friends of Newcastle Grammar School
|
474 | Scripture Union Victoria - Scripture Union Victoria
- Crusader Inter-School Christian Fellowship – Victoria
- The Scripture Union
- The Children’s Special Service Mission
- The Crusader Union
- The Inter School Christian Fellowship
|
475 | Franciscan Missionaries of Mary - Trustees of the Franciscan Missionaries of Mary
- Marillac House
- Orana Hostel for Girls
- Franciscan Kindergarten, Perth
- Ave Maria Retreat House, Point Piper
- Ave Maria Retreat House, Coorparoo
- Ave Maria Retreat House, Essenden
- Franciscan Retreat House, Victoria Park
|
476 | ACS Mutual – Faith Community Church - Faith Community Services Inc
- The Platform Perth Limited
- Arrows College Inc
|
477 | ACS Mutual – Impact Recovery - Impact Recovery Ltd
|
478 | ACS Mutual – Newcastle Christian Broadcasters - Newcastle Christian Broadcasters Limited
|
479 | ACS Mutual – Bethany International Church - Bethany International Church Inc.
|
480 | ACS Mutual – Encounter Church Australia - Encounter Church Australia Ltd
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 3) Declaration 2021I, issued by Anne Ruston, Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. Enacted in 2018, the original Act aimed to establish a scheme to provide redress for victims of child sexual abuse in institutional settings. The 2021 Amendment aims to update and extend the scope of institutions covered under the scheme. This Declaration was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and includes amendments to the list of institutions and related entities subject to the scheme. The policy objective remains to ensure that victims of institutional child sexual abuse can access redress and support.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 3) Declaration 2021 amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to extend the scope of institutions covered by the Scheme. This instrument applies to specific institutions identified within the amended declaration, which are now eligible for compensation claims under the National Redress Scheme. The changes include adding new institutions and removing some items from the Schedule. The amendment applies nationally across Australia, as it falls under the Commonwealth jurisdiction. The Act allows for the inclusion of additional institutions through subordinate legislation, thereby extending its application to new entities as identified by further declarations or amendments. There are no specific exclusions stated within this particular amendment, but the overarching Act may contain provisions that exclude certain claims or institutions based on their nature or the timing of the alleged abuse.
Key Provisions
The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 3) Declaration 2021 (the Declaration) amend the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The amendments include adding specific institutions and entities to the list of those covered by the National Redress Scheme for Institutional Child Sexual Abuse. For example, Section 1 of the Schedule adds the Christian Outreach Centre, Commonwealth Games Australia, Gold Coast Legacy Club, Scripture Union Victoria, and Franciscan Missionaries of Mary institutions to the list of entities included in the scheme (Schedule 1, items 116 to 120). Section 2 further amends Section 11C to include additional institutions under the scheme (Schedule 1, item 1). Section 3 removes certain references from Section 15(1) and adds new references to include more institutions (Schedule 1, items 183 to 193). Additionally, Section 5 repeals certain items from Schedule 1, and Section 6 and Section 7 insert new institutions into the list (Schedule 1, items 148 and 141 respectively). Finally, Section 8 adds several new institutions to the end of Schedule 1 (Schedule 1, items 461 to 480).
The Declaration imposes obligations on the relevant institutions and entities, requiring them to comply with the amended provisions of the National Redress Scheme for Institutional Child Sexual Abuse. These institutions and entities must now adhere to the scheme's provisions, which likely involve providing information, making payments, or participating in the redress process for survivors of institutional child sexual abuse. By including these additional institutions, the scheme aims to ensure that more survivors have access to support and redress for their experiences.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Declaration itself. However, the underlying National Redress Scheme for Institutional Child Sexual Abuse Act 2018 may impose penalties for non-compliance with the scheme's provisions. For example, under Section 61 of the Act, a person who contravenes a provision of the Act may be liable for a civil penalty of up to $22,200 (in Australian currency) for each contravention. Additionally, under Section 62, a person who is involved in the management of an entity that contravenes a provision of the Act may be personally liable for a civil penalty of up to $11,100 (in Australian currency) for each contravention. These penalties may be increased if the contravention is deliberate or if the person has been previously convicted of a similar offence. It is important to note that these penalties apply to breaches of the original Act and may not specifically relate to the amendments made by the Declaration.