National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 3) Declaration 2023
I, Amanda Rishworth, Minister for Social Services, make the following Declaration.
Dated 20 June 2023
Amanda Rishworth
Minister for 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 (2023 Measures No. 3) Declaration 2023.
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, item 1 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:
165 | The Swim Centres Pty Ltd institution as at paragraph (b) of Item 667 of the Table in Schedule 1 to this Instrument | Swim Centres Pty Ltd |
166 | The Junction Australia Ltd institution as at paragraph (c) of Item 668 if the Table in Schedule 1 to this Instrument | Junction Australia Ltd |
2 Subsection 15(1) (table item 243, column 1)
Omit the words “paragraphs (a) to (c) of”.
3 Subsection 15(1) (table item 245, column 1)
Omit the words “paragraphs (a) and (b) of”.
4 Subsection 15(1) (at the end of the table)
Add:
246 | The Western Sydney University institutions as at Item 666 of the Table in Schedule 1 to this Instrument | Western Sydney University |
247 | The Swim Centres Pty Ltd institution as at paragraph (a) of Item 667 of the Table in Schedule 1 to this Instrument | Swim Centres Pty Ltd |
248 | The Junction Australia Ltd institutions as at paragraphs (a) and (b) of Item 668 of the Table in Schedule 1 to this Instrument | Junction Australia Ltd |
5 Schedule 1 (table item 651, column 1)
Omit the word “InSearch”, and insert the word “Insearch”.
6 Schedule 1 (at the end of the table)
Add:
663 | Hockey Victoria Incorporated |
664 | Launceston Police and Community Youth Club Inc |
665 | Clermont Community Housing and Other Services Inc |
666 | Western Sydney University (a) Western Sydney University (b) Whitlam Institute within Western Sydney University (c) Western Sydney University Enterprises Pty Limited (d) Western Sydney University Early Learning Ltd (e) Western Growth Developments (Westmead) Pty Ltd (f) Western Growth Developments (Innovation Hub Parramatta) Pty Ltd |
667 | Swim Centres Pty Ltd (a) Swim Centres Pty Ltd (b) Terry Gathercole Learn to Swim |
668 | Junction Australia Ltd (a) Junction Australia Ltd (b) Junction and Women’s Housing Ltd (c) Southern Junction Community Services Incorporated |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 3) Declaration 2023I was enacted by Amanda Rishworth, Minister for Social Services, on 20 June 2023. This declaration amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to extend the list of institutions covered by the National Redress Scheme. This scheme was introduced to address the need for a coordinated and consistent approach to providing redress to victims of institutional child sexual abuse in Australia. The declaration was made under the authority of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the objective of ensuring that redress is available to as many victims as possible by updating the list of institutions involved in substantiated cases of institutional child sexual abuse.
The declaration modifies the list of institutions by adding several new institutions, including Swim Centres Pty Ltd, Junction Australia Ltd, Western Sydney University, Hockey Victoria Incorporated, Launceston Police and Community Youth Club Inc, Clermont Community Housing and Other Services Inc, and others. These amendments aim to ensure that the redress scheme remains comprehensive and inclusive, reflecting the evolving understanding of institutional child sexual abuse in Australia. The declaration's provisions commenced on specified dates, with some changes taking effect immediately after the registration of the instrument and others following the commencement of the primary provisions.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 3) Declaration 2023I amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 by adding new institutions to the list of those covered by the scheme. This legislation applies to specific institutions, including Swim Centres Pty Ltd, Junction Australia Ltd, and Western Sydney University, and their related entities, which must now comply with the scheme’s requirements for handling claims of institutional child sexual abuse. The geographic reach of this legislation is national, operating under the Commonwealth jurisdiction, but it applies to institutions across different states and territories in Australia. The amendment does not introduce any new exclusions or exemptions but updates the list of institutions to ensure comprehensive coverage. The legislation is effective from the date of its registration, with certain provisions coming into effect immediately after this registration, as detailed in the commencement table. Any further modifications or clarifications to the application of this Act may be made through subordinate instruments as needed.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 3) Declaration 2023 (sections 1-4) introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. These amendments primarily involve the addition of new institutions subject to the Scheme (sections 165-166, 663-668) and modifications to the table in Schedule 1 (items 243, 245, 651, and the addition of items 663-668). The changes include omitting certain references to paragraphs in subsection 15(1) of the original Declaration (items 243 and 245) and correcting a typographical error by changing "InSearch" to "Insearch" (item 651).
Entities governed by this Act must comply with the specified amendments, including the addition of new institutions to the list of those covered by the Scheme. These institutions now include Swim Centres Pty Ltd, Junction Australia Ltd, Western Sydney University, Hockey Victoria Incorporated, Launceston Police and Community Youth Club Inc, and Clermont Community Housing and Other Services Inc, among others. The amendments also require the correction of certain references within the table to ensure the proper administration of the Scheme.
Failure to comply with the provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and its amendments may result in civil or criminal consequences. While the specific penalties are not detailed in the text provided, it is common for breaches of such legislation to incur fines or other legal actions. The exact penalties would be outlined in the primary Act or in related legislation governing the enforcement and compliance of the Scheme.