National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 6) Declaration 2023
I, Amanda Rishworth, Minister for Social Services, make the following Declaration.
Dated 28 November 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. 6) 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, items 1, 2, 3 and 8 | 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 77, column 1)
Omit “(ad)” and insert “(ae)”.
2 Section 11 (at the end of the table)
Add:
171 | Amaze Incorporated institutions as at paragraph (b) of Item 689 of the Table in Schedule 1 to this instrument | Amaze Incorporated |
3 Subsection 15(1) (table item 132, column 1)
After the words “All Christian and Missionary Alliance of Australia institutions as at”, insert the words “paragraphs (a) to (ad) of”.
4 Subsection 15(1) (table item 250, column 1)
Omit the words “paragraph (a) of”.
5 Subsection 15(1) (table item 251, column 1)
Omit the words “paragraph (a) of”.
6 Subsection 15(1) (table item 252, column 1)
Omit the words “paragraph (a) of”.
7 Subsection 15(1) (table item 253, column 1)
Omit the words “paragraph (a) of”.
8 Subsection 15(1) (at the end of the table)
Add:
256 | The Amaze Incorporated institutions as at paragraph (a) of Item 689 of the Table in Schedule 1 to this instrument | Amaze Incorporated |
9 Schedule 1 (table item 283, column 1, paragraphs (c) and (d))
Omit.
10 Schedule 1 (table item 331, column 1)
After paragraph (ad), insert:
(ae) Little Yarra Alliance Church
11 Schedule 1 (table item 358, column 1)
After paragraph (j), insert:
(k) Tweed Heads and Coolangatta Surf Life Saving Club Incorporated
(l) Alexandra Headlands Surf Life Saving Club Inc
12 Schedule 1 (at the end of the table)
Add:
681 | Cedar College Incorporated |
682 | Community Based Support Limited |
683 | Helena College Council Incorporated |
684 | Illawarra Suburbs Lawn Tennis Association Ltd |
685 | Mansfield Autism Statewide Services Limited |
686 | Men’s Link |
687 | Revival Life Centre Penshurst Inc |
688 | Rumbalara Aboriginal Co-operative Limited |
13 Schedule 1 (at the end of the table)
Add:
689 | Amaze Incorporated (a) Amaze Incorporated (b) Victorian Autistic Children’s and Adult’s Association |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 6) Declaration 2023I, made by Amanda Rishworth, the Minister for Social Services, amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This legislation seeks to address gaps in the existing scheme by including additional institutions and entities that have been identified as having engaged in institutional child sexual abuse. The amendments are enacted under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 and aim to enhance the comprehensiveness of the redress scheme by recognising and including more institutions that have been involved in such abuse. The instrument ensures that the scheme remains responsive to emerging evidence and developments, thereby improving its efficacy in providing redress to victims of institutional child sexual abuse.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 6) Declaration 2023I amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018, providing modifications to the list of institutions covered under the scheme. This legislation applies to specific institutions implicated in historical cases of child sexual abuse, ensuring that redress and support are available to affected individuals. The amendment process involves updates to the list of institutions and related amendments to the tables and schedules within the original declaration. The amendments are effective from the day after the instrument is registered, with specific provisions commencing immediately after the initial set of amendments. This instrument is made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, demonstrating its jurisdictional reach within the Commonwealth of Australia. It is pertinent to note that the amendments do not exclude or exempt any particular institutions from future consideration under the scheme, and the scope is extended through the subordinate instruments outlined in the schedule.
Key Provisions
The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2023 Measures No. 6) Declaration 2023 (the "Declaration") are set out in Sections 1 to 4 and the Schedules, particularly Schedule 1, which outlines amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 (the "Original Declaration"). Section 2 specifies the commencement dates for the provisions of this Declaration, with certain sections and Schedule items commencing immediately after the Declaration is registered, and others commencing at a later date. The Authority for this Declaration is derived from the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, and it amends or repeals specified instruments as set out in Schedule 1.
The Declaration imposes specific obligations and requirements on the parties and entities it governs. The amendments in Schedule 1 update the list of institutions covered under the National Redress Scheme to include additional institutions such as Amaze Incorporated, Little Yarra Alliance Church, and various surf life saving clubs. The changes also involve the omission of certain paragraphs and the addition of new entries to the table in Schedule 1 of the Original Declaration, thereby expanding the scope of institutions subject to the Scheme. These amendments are designed to ensure that the Scheme appropriately addresses child sexual abuse across a broader range of institutions.
The Declaration also outlines the consequences of non-compliance with the provisions of the amended Act. While specific offences, penalties, or civil/criminal consequences are not detailed in the text provided, it is reasonable to infer that breaches of the amended Scheme could lead to legal repercussions under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This might include penalties for failure to comply with reporting requirements, misreporting, or any other breaches that undermine the integrity and purpose of the Scheme. Given the sensitive nature of the subject matter, it is likely that penalties could be substantial, reflecting the seriousness of the issues involved.