National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No. 3) Declaration 2022
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 30 March 2022
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 (2022 Measures No.3) Declaration 2022.
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
1 Section 11 (table item 63, column 1)
Omit “(fq)” and insert “(fr)”.
2 Section 11 (at the end of the table)
Add:
144 | The CPL – Choice, Passion, Life institution as at paragraph (b) of item 590 of the Table in Schedule 1 to this instrument | CPL – Choice, Passion, Life |
145 | The University of Adelaide institution as at paragraph (b) of item 591 of the Table in Schedule 1 to this instrument | The University of Adelaide |
3 Subsection 15(1) (table item 111, column 1)
Omit the words “All Churches of Christ in NSW and the ACT institutions as at Item 271 of the Table in Schedule 1 to this instrument” and insert “All Churches of Christ in NSW and the ACT institutions as at paragraphs (a) to (fq) of Item 271 of the Table in Schedule 1 to this instrument”.
4 Subsection 15(1) (table item 220, column 1)
Omit the words “paragraph (a) of".
5 Subsection 15(1) (at the end of the table)
Add:
222 | The CPL – Choice, Passion, Life institutions as at paragraph (a) of item 590 of the Table in Schedule 1 to this instrument | CPL – Choice, Passion, Life |
223 | The University of Adelaide institutions as at paragraph (a) of item 591 of the Table in Schedule 1 to this instrument | The University of Adelaide |
6 Schedule 1 (table item 7, column 1)
After paragraph (fe), insert:
(ff) The Mission to Seafarers, Sydney NSW
7 Schedule 1 (table item 140, column 1, paragraph (xh))
Omit the word “Christina” and insert the word “Christian”.
8 Schedule 1 (table item 271, column 1)
After paragraph (fq), insert:
(fr) Broken Hill Church of Christ (Unincorporated) (1890 – 1988).
9 Schedule 1 (table item 446, column 1, paragraph (bc))
Omit.
10 Schedule 1 (table item 566, column 1)
Omit the word “imited” and insert the word “Limited”.
11 Schedule 1 (at the end of the table)
Add:
584 | Ablecare Pty. Ltd. |
585 | Board of Trustees of the Rockhampton Girls Grammar School |
586 | Hillcrest Christian College Limited |
587 | Open Family Australia |
588 | Returned And Services League of Australia (Victorian Branch) Incorporated |
589 | University of Western Australia |
590 | CPL – Choice, Passion, Life (a) CPL – Choice, Passion, Life (b) Queensland Spastic Children’s Welfare league also known as Queensland Spastic Welfare League (1948 to 1975) |
591 | The University of Adelaide (a) The University of Adelaide (b) Roseworthy Agricultural College |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No. 3) Declaration 2022, made by Anne Ruston, Minister for Families and Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This instrument was enacted to provide a legislative framework to support the National Redress Scheme, which aims to offer redress to victims of institutional child sexual abuse. The enactment of this amendment is under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the overarching policy objective of enhancing the effectiveness and scope of the Scheme in addressing historical abuses.
This amendment involves updating the list of institutions covered under the Scheme to ensure that all relevant entities are included and accurately referenced. The changes include modifications to the tables and items in Schedule 1, such as adding new institutions, correcting typographical errors, and clarifying references to existing institutions. The amendments are designed to ensure the Scheme's comprehensiveness and accuracy, thereby facilitating appropriate redress for victims.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No. 3) Declaration 2022, 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 amendment applies to specific institutions identified within the legislative framework, primarily focusing on those involved in institutional child sexual abuse. The amendment seeks to ensure the scheme's comprehensive coverage by including additional institutions and correcting minor errors in the previously established list. The changes made through this instrument have a national reach, affecting all states and territories within Australia. The commencement of the provisions follows a structured timeline with some sections taking effect immediately upon registration and others on specified dates. Notably, the instrument does not introduce new exclusions or exemptions but rather refines the scope of the scheme by updating the list of institutions subject to the redress measures. This amendment extends the application of the original Act by incorporating additional institutions into the scheme, thereby broadening its impact and ensuring more victims have access to redress.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2022 Measures No. 3) Declaration 2022 introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The key operative sections, detailed in the Schedule, include modifications to the list of institutions covered by the scheme (sections 1 to 4 and Schedule 1, items 1, 2, 5). This instrument also includes specific changes to section 11, subsection 15(1), and Schedule 1, which adjust the references to certain institutions and correct minor typographical errors (Schedule 1, items 6, 7, 8, 9, 10, and 11).
The obligations and requirements imposed by this Act primarily pertain to the entities and institutions listed within the amended schedules. These institutions are now subject to the provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which includes the requirement to provide redress to victims of institutional child sexual abuse. The updated list ensures that all relevant institutions are clearly identified and accountable under the scheme. Additionally, the Act requires these institutions to cooperate with the scheme's processes, including providing necessary documentation and information to support claims and redress payments.
Failure to comply with the provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 can result in significant consequences. While the specific penalties are not detailed in the Declaration itself, breaches of the Act may lead to civil and criminal penalties. Under the Act, institutions that fail to comply with their obligations could face legal action, which may include fines and other civil penalties. Additionally, individuals within these institutions who knowingly or recklessly breach the Act could be subject to criminal prosecution, which may include imprisonment and fines. The exact penalties are defined in the primary legislation and would depend on the nature and severity of the breach.