National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 3) Declaration 2024
I, Amanda Rishworth, Minister for Social Services, make the following Declaration.
Dated 5 September 2024
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 (2024 Measures No. 3) Declaration 2024.
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 to 12 | 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Note: This table relates only to the provisions of this instrument as originally made.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 subsection 115(2), subsection 116(2), section 119, subsection 134(1) and subsection 137(1) of 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 100)
Omit.
2 Section 11 (at the end of the table)
Add:
180 | The Calvary Fellowship institution as at paragraph (b) of Item 750 of the Table in Schedule 1 to this instrument | Calvary Chapel – United Pentecostal Church Ltd |
181 | The Central Queensland Institute of TAFE institution as at paragraph (b) of Item 751 of the Table in Schedule 1 to this instrument | Central Queensland University |
182 | The Core Community Services Limited institutions as at paragraphs (b) – (c) of Item 752 of the Table in Schedule 1 to this instrument | Core Community Services Limited |
183 | The Kurri Kurri Community Services Limited institutions as at paragraphs (b) – (c) of Item 754 of the Table in Schedule 1 to this instrument | Kurri Kurri Community Services Limited |
184 | The Stuartholme School institution as at paragraph (b) of Item 755 of the Table in Schedule 1 to this instrument | Stuartholme School |
3 Section 11C (at the end of the table)
Add:
9 | Mercy Community Services North Queensland Limited as at Item 731 of the Table in Schedule 1 to this instrument | Mercy Partners Limited |
10 | Mercy Community Services SEQ Limited as at Item 732 of the Table in Schedule 1 to this instrument | Mercy Partners Limited |
4 Subsection 15(1) (table item 162)
Omit.
5 Subsection 15(1) (table item 263, column 1)
Omit the words “paragraphs (a) to (b) of”.
6 Subsection 15(1) (table item 264, column 1)
Omit the words “paragraph (a) of”.
7 Subsection 15(1) (table item 266, column 1)
Omit the words “paragraph (a) of”.
8 Subsection 15(1) (table item 267, column 1)
Omit the words “paragraph (a) of”.
9 Subsection 15(1) (at the end of the table)
Add:
268 | The Calvary Chapel – United Pentecostal Church Ltd institutions as at paragraph (a) of Item 750 of the Table in Schedule 1 to this instrument | The Calvary Chapel – United Pentecostal Church Ltd |
269 | The Central Queensland University institutions as at paragraph (a) of Item 751 of the Table in Schedule 1 to this instrument | Central Queensland University |
270 | The Core Community Services Limited institutions as at paragraph (a) of Item 752 of the Table in Schedule 1 to this instrument | Core Community Services Limited |
271 | The Ipswich City Assembly of God Property Limited institutions as at Item 753 of the Table in Schedule 1 to this instrument | Ipswich City Assembly of God Property Limited |
272 | The Kurri Kurri Community Services Limited institutions as at paragraph (a) of Item 754 of the Table in Schedule 1 to this instrument | Kurri Kurri Community Services Limited |
273 | The Stuartholme School institutions as at paragraph (a) of Item 755 of the Table in Schedule 1 to this instrument | Stuartholme School |
10 Schedule 1 (table item 423, column 2)
After the words “Morialta Trust” insert the word “Inc”.
Omit (a) to (d).
11 Schedule 1 (at the end of the table)
Add:
726 | Athletics Australia | 727 | Brisbane Girls Grammar School | 728 | Citylife Church Incorporated | 729 | Ipswich Region Community Church | 730 | Lilydale & Yarra Valley Netball Association Inc. | 731 | Mercy Partners Limited - Mercy Community Services North Queensland Limited - Mercy Community Services North Queensland Limited
| 732 | Mercy Partners Limited - Mercy Community Services SEQ Limited - Mercy Community Services SEQ Limited
| 733 | Nollamara Church of Christ Incorporated | 734 | Northern Territory Athletics Inc. | 735 | Northside Christian College Incorporated | 736 | NT Christian Schools | 737 | Parklands Christian College Limited | 738 | Stairway Church Whitehorse Incorporated | 739 | Upper Hunter Youth Services Incorporated | 740 | Dream Centre Christian Church Ltd | 741 | Canberra Rudolf Steiner School Association Incorporated | 742 | Southern Vale Christian College Incorporated | 743 | Christian Family Centre Churches Limited | 744 | Highway Church Bordertown Incorporated | 745 | Lions Youth Emergency Accommodation Centre (Pine Rivers) Inc | 746 | MSI Reproductive Choices (Marie Stopes International) | 747 | Ruyton | 748 | The John Flynn College | 749 | Malek Fahd Islamic School Limited |
| |
12 Schedule 1 (at the end of the table)
Add:
750 | Calvary Chapel – United Pentecostal Church Ltd - Calvary Chapel – United Pentecostal Church Ltd
- Calvary Fellowship (in existence from 1 January 1978 to 30 December 1980)
|
751 | Central Queensland University - Central Queensland University
- Central Queensland Institute of TAFE (in existence from 1944 to 1 July 2014)
|
752 | Core Community Services Limited - Core Community Services Limited
- South-East Asian Community Assistance – Centre
- Cabramatta Community Centre
|
753 | Ipswich City Assembly of God Property Limited - Journey Church
- Hannah’s House
|
754 | Kurri Kurri Community Services Limited - Kurri Kurri Community Services Limited
- Kurri Kurri Employment Options Incorporated
- Kurri Kurri Community Centre Inc
|
755 | Stuartholme School - Stuartholme School
- Stuartholme School (in existence from 1 March 1920 to 16 January 2000)
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 3) Declaration 2024 was made by Amanda Rishworth, Minister for Social Services, and is effective from the day after it is registered. This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 by updating the list of institutions involved in child sexual abuse and adjusting related references within the legislation. The amendments were made under the authority of specific subsections of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislative update aims to ensure that the scheme continues to effectively address the needs of survivors by accurately reflecting the institutions involved and maintaining the integrity of the redress process.
The policy objective behind this amendment is to refine and enhance the operational framework of the National Redress Scheme, ensuring that it remains responsive to the evolving landscape of institutional child sexual abuse cases, thereby facilitating better support and redress for survivors.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 3) Declaration 2024 is an instrument made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, with the primary aim of amending the original declaration to include additional institutions that fall under the purview of the Scheme. This instrument applies to entities that have been added to the list of institutions covered by the National Redress Scheme for Institutional Child Sexual Abuse, thereby extending the scope of the Scheme to these new entities. The commencement provisions of the instrument specify that certain sections and amendments will take effect on the day after registration, while others will commence immediately after the relevant provisions covered by the table in the instrument. This instrument has a national jurisdictional reach as it pertains to the Commonwealth of Australia, thereby affecting entities and individuals across all states and territories. The amendments do not explicitly state any exclusions or exemptions; however, the specific additions to the list of institutions indicate a targeted application to particular organisations. The instrument may extend or restrict its application through subordinate instruments, as permitted by the authority under which it is made.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2024 Measures No. 3) Declaration 2024I introduces specific amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. The main operative sections of this instrument pertain to the amendments made to Section 11 and Subsection 15(1) of the original declaration, as well as modifications to the Table in Schedule 1 (sections 1 to 4, and anything in Schedule 1 not elsewhere covered by the table). These amendments are intended to update and refine the list of institutions covered under the scheme and adjust certain references and inclusions within the Table.
The obligations and requirements imposed by this Act on the parties it governs primarily involve ensuring that the updated list of institutions is correctly reflected in the legislative framework. This includes the addition of new institutions and the removal of outdated references to reflect current entities accurately. For example, specific institutions like Calvary Chapel – United Pentecostal Church Ltd and Central Queensland University are added to the list, while others like Morilalta Trust are omitted. The changes in Subsection 15(1) further refine the types of institutions eligible for inclusion in the scheme, making sure that only relevant institutions are covered.
In terms of penalties and consequences for breaches of the Act, it is important to note that the specific penalties for non-compliance are not detailed in the provided text. However, breaches of legislative requirements under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 generally could lead to civil or criminal sanctions, depending on the nature and severity of the breach. These may include fines, corrective orders, or other legal actions as deemed necessary by the relevant authorities. The precise penalties would be determined in accordance with the broader legislative framework governing the scheme.