National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 5) Declaration 2021

Administered by Department of Social Services

Legislation au F2021N00153 Not in force Notifiable Instrument

Legislation content

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 5) Declaration 2021

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

Dated 8 July 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. 5) 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, 3 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Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

1 Section 11 (table item 14, column 1)

After the words “(jt) – (nd)”, insert the words “and (ot) to (oy)”.

2 Section 11 (table item 15, column 1)

After the words “(fa) – (hi)”, insert the words “ and (ig) to (ii)”.

3 Section 11 (at the end of the table)

Add:

122

The Christian Community Aid Service institution as at paragraph (b) of Item 493 in Schedule 1 to this instrument

Christian Community Aid Service Inc

123

The IFYS Limited institution as at paragraph (b) of Item 494 in Schedule 1 to this instrument

IFYS Limited

124

The Polish Association in Hobart institution as at paragraph (b) of Item 495 in Schedule 1 to this instrument

Polish Association in Hobart Inc.

4 Section 15(1) (table item 195, column 1)

Omit “paragraph (a) of”.

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

Add:

197

All Christian Community Aid Service institutions as at paragraph (a) of Item 493 in Schedule 1 to this instrument

Christian Community Aid Service Inc

198

All IFYS Limited institutions as at paragraph (a) of Item 494 in Schedule 1 to this instrument

IFYS Limited

199

All Polish Association in Hobart institutions as at paragraph (a) of Item 495 in Schedule 1 to this instrument

Polish Association in Hobart Inc.

200

All Westbourne Grammar School institutions as at Item 496 in Schedule 1 to this instrument

Westbourne Grammar School

6 Schedule 1 (table item 7, column 1, paragraph (dw))

Repeal the paragraph.

7 Schedule 1 (table item 28, column 1)

After paragraph (nd), insert:

(ne) Beverly Hills Chinese Baptist Church

(nf) Christian Missionary Church

(ng) Different Key

(nh) Faith Bible Baptist Church

(ni) Griffith Baptist Church

(nj) Hillston Baptist Church

(nk) Moruya Baptist Church

(nl) Nambucca Baptist Church

(nm) Nelson Bay Baptist Church

(nn) Slavic Christian Church

(no) The Hub Baptist Churches (Tweed Heads)

(np) The Hub Baptist Churches (Grafton)

(nq) The Hub Baptist Churches (Murwillumbah)

(nr) The Hub Baptist Churches (Ocean Shores)

(ns) The Sanctuary

(nt) Water of Life Ministries

(nu) Merewether Baptist Church

(nv) Liberty Baptist Church (Cardiff Heights)

(nw) Bedford College

(nx) Berowra Christian School

(ny) Camp Elim Association

(nz) Casino Baptist Church Christian Community Preschool

(oa) GWFC Childcare

(ob) Hopefield (Southern Community Welfare, Gymea)

(oc) Inaburra Communications Ltd

(od) Moree Christian School

(oe) Morling College

(of) Northcross Christian School

(og) Parkes Christian School

(oh) Ridgecrest (WDBA)

(oi) Snowy Mountains Christian School

(oj) Taree Christian College

(ok) Wyong Christian Community School

(ol) Greenacre Baptist Christian School

(om) Maitland Baptist Church Child Care Ltd

(on) Warilla Baptist Church Preschool Inc

(op) Nowra Baptist Church Christian School Ltd

(oq) Ashfield Baptist Child Care Inc

(or) The Guardian Angel Preschool (Claymore)

(os) Norwest Christian College

(ot) Open Circle

(ou) Sydney Immanuel Korean Baptist Church

(ov) East Chatswood Baptist Church

(ow) East Lindfield Baptist Church

(ox) Manildra-Molong Baptist Church

(oy) Mimosa Baptist Church

8 Schedule 1 (table item 30, column 1, paragraphs (q), (dh) and (ep))

Repeal the paragraphs.

9 Schedule 1 (table item 30, column 1)

After paragraph (ib), insert:

(ic) Pleasant Street and Forest Street Baptist Church

(id) Beaumaris-Mordialloc Baptist Church

(ie) North Balwyn Baptist Church

(if) Chelsea Baptist Church

(ig) Beaumaris Baptist Church

(ih) Wendouree Baptist Church

(ii) Pleasant Street Baptist Church

10 Schedule 1 (table item 49, column 1)

After paragraph (d), insert:

(e) The Trustees of the Passionist Sisters of St Paul of the Cross

11 Schedule 1 (table item 86, column 1)

After paragraph (bx), insert:

(by) Hill View Lutheran Services to the Disabled Incorporated

12 Schedule 1 (table item 140, column 1)

After paragraph (za), insert:

(zb)  Zetseat Ethiopian Evangelical Church in Melbourne Inc.

(zc) Wilcannia Living Waters Church Inc.

(zd) Assembleia De Deus Na Australia Incorporated

(ze) Christian Community Centre Care Arm Incorporated

13 Schedule 1 (table item 463, column 1)

Omit the word “Policy” and insert the word “Police”.

14 Schedule 1 (table item 476, column 1)

After paragraph (c), insert:

(d) Faith Community Church Incorporated

15 Schedule 1 (at the end of the table)

Add:

493

Christian Community Aid Service

  1.               Christian Community Aid Service Inc
  2.               Christian Community Aid Service

494

IFYS Limited

  1.               IFYS Limited
  2.               Integrated Family and Youth Service Incorporated

495

Polish Association in Hobart

  1.               Polish Association in Hobart Inc.
  2.               Polish Association in Hobart

496

Westbourne Grammar School

  1.               Westbourne Grammar School
  2.               Westbourne Education Services

497

Association of Ukrainians in South Australia Inc

498

Beacon Hill Youth Club Incorporated

499

C3 Church Mount Annan

500

Covenant Christian School Association Ltd

501

Hebron Trust, trading as the Church of the Living God Hurstville

502

KU Children’s Services

503

St Dominic’s Priory Incorporated

504

Swan Christian Education Association Incorporated

505

The Northcott Society

506

The Daughters of Divine Zeal Property Association

507

Gold Coast Project for Homeless Youth Inc

508

Tennis Australia Limited

 

 

Overview

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 5) Declaration 2021I was made by Anne Ruston, the Minister for Families and Social Services, on 8 July 2021. This legislative instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, which was enacted to provide a scheme for institutional child sexual abuse survivors to receive redress from institutions responsible for their abuse. The amendments aim to address identified gaps and ensure the scheme's effectiveness in supporting victims. This instrument is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and involves amending various sections and schedules to update the list of institutions and ensure the scheme's comprehensive coverage. The amendments introduced by this instrument include adding new institutions to the list of those covered by the National Redress Scheme, ensuring that a broader range of entities responsible for institutional child sexual abuse are included within the scheme. The changes also involve updating certain references and terms to maintain the scheme's relevance and accuracy. By implementing these amendments, the Australian Government aims to provide a more inclusive and effective redress mechanism for survivors of institutional child sexual abuse, ensuring that all eligible institutions are held accountable and that victims receive the support and compensation they deserve.

Scope and Application

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 5) Declaration 2021 amends the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with its provisions coming into effect on the day after the instrument is registered. This Declaration applies to various institutions, including Christian Community Aid Service Inc, IFYS Limited, Polish Association in Hobart Inc, and Westbourne Grammar School, among others, by adding new entries and modifying existing ones in the schedule. These amendments expand the scope of institutions subject to the Act, ensuring a broader application to cover additional entities involved in institutional child sexual abuse cases. The geographic reach of the Act is national, affecting institutions across Australia. The Act does not specify any exclusions or exemptions, but its application may be extended or restricted through subordinate instruments or regulations that may be issued under the authority of the Act.

Key Provisions

The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 5) Declaration 2021I amends the existing legislation to provide further mechanisms for the redress of child sexual abuse that occurred in certain institutions. The amendments include updates to the list of institutions covered by the scheme, modifications to eligibility criteria, and changes to the administration of the scheme. Specifically, sections 1 to 4 of the instrument, along with all provisions in Schedule 1 not explicitly covered by the commencement table, commence on the day after the instrument is registered (Section 2(1)). Other provisions in Schedule 1 commence immediately after the initial commencement date (Section 2(2)). The amendments impose several obligations on the parties involved. For instance, the scheme now covers additional institutions, such as the Christian Community Aid Service Inc, IFYS Limited, Polish Association in Hobart Inc, and Westbourne Grammar School, as outlined in the amendments to Section 11 (Schedule 1, items 1, 2, 4, and 6). Additionally, the scheme's eligibility criteria have been adjusted to include certain new institutions, broadening the scope of those who can seek redress (Schedule 1, items 3 and 5). The changes also necessitate updates to administrative procedures and record-keeping to ensure that the scheme operates smoothly and effectively. Failure to comply with the provisions of this amended legislation can result in legal consequences. While the specific offences and penalties are not detailed in the text provided, the overarching Act under which these amendments are made, the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, typically includes provisions for both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could include imprisonment, reflecting the seriousness with which the law views breaches related to child sexual abuse redress. The exact penalties would be determined based on the specific nature of the breach and the provisions of the Act.

Legal classification tags

Area of Law
Consumer Law
Family Law
Instrument
Notifiable instrument
Concepts
Commencement Provisions
Repeal & Amendment
Schedules
Offence Provisions
Compliance Obligations

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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.