Federal Register of Legislation - Australian Government

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This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 to give effect to the following: Three Catholic religious orders each joining the Scheme as lone institutions: • Trustees of the Sylvestrine Benedictine Monks; • Trustees of the Marist Fathers for the Province of Australia; and • The Corporation of the Trustees of the Order of the Sisters of Mercy in Queensland. • An additional six Catholic diocesan institutions joining the Catholic dioceses’ participating group with Australian Catholic Redress Limited as their representative. • A technical amendment to the description of New South Wales government institutions, to better describe the institutions encompassed within the state. • Technical amendments to add defunct Catholic diocesan institutions and defunct Society of Jesus institutions to the relevant participating groups.
Administered by: Social Services
Registered 20 Dec 2018
Date of repeal 22 Dec 2018
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018

 

 

 

I, Paul Fletcher, Minister for Families and Social Services, make the following Declaration.

Dated   20 December 2018     

Paul Fletcher

Minister for Families and Social Services

 

 

                                                                    


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Amendments                                                                                           2

National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018                 2

 

 


1  Name

                   This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 7) Declaration 2018.

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.  Schedule 1

The day after this instrument is registered.

 

 

             (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 1Amendments

National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018

1  Section 6

After paragraph (h), insert:

                      (i)  Each institution (however described) that is included in the classes of State institutions set out at paragraphs 6(1)(a) – (h) of this instrument, except the institutions at (c) and (d) do not include a university, a residential college of a university or a local council.

2  Section 6

Repeal the note.

3  Section 15 (table – column 1 of Item 4)

Repeal the words “paragraphs (a) – (aj) of”.

4  Section 15 (table)

Repeal item 5, insert:

5

All Catholic Church of Australia institutions as at Item 9 of the table in Schedule 1 to this instrument that were declared participating institutions in the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2018 Measures No. 6) Declaration 2018.

Note: Any defunct institution declared a participating institution under this instrument in paragraphs (ab) – (ag) of Item 9 of the table in Schedule 1 are not part of this group.

Australian Catholic Redress Limited

5  Schedule 1 (table)

Repeal paragraph (aa) of Item 9 to the table, insert:

                    (aa)  The Military Ordinariate of Australia and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Military Ordinariate of Australia or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Military Ordinariate of Australia);

                   (ab)  The Melkite Catholic Eparchy of Australia and New Zealand and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Melkite Catholic Eparchy of Australia and New Zealand or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Melkite Catholic Eparchy of Australia and New Zealand);

                    (ac)  The Chaldean Eparchy of St Thomas and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Chaldean Eparchy of St Thomas or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Chaldean Eparchy of St Thomas);

                   (ad)  The Archdiocese of Perth and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Archbishop of the Archdiocese of Perth or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Archdiocese of Perth);

                    (ae)  The Diocese of Broome and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Diocese of Broome or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Diocese of Broome);

                    (af)  The Diocese of Bunbury and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Diocese of Bunbury or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Diocese of Bunbury);

                    (ag)  The Diocese of Geraldton and each parish (including any church, school or other agency thereof), systemic school, agency and ecclesiastical organisation and any trust corporation representing any of these entities (whether incorporated or unincorporated and whether still existing or now defunct) which is or was at the relevant time canonically subject to the authority of the Bishop of the Diocese of Geraldton or his predecessors in office (but which does not include any Catholic order, congregation or other public juridic person located or operating at any time within the area of the Diocese of Geraldton).

6  Schedule 1 (table)

After item 9, insert:

 

Item

Column 1

Participating non-government institutions

10

Sylvestrine Benedictine Monks

 

(a)        Trustees of the Sylvestrine Benedictine Monks.

11

The Order of the Sisters of Mercy in Queensland

 

(a)        The Corporation of the Trustees of the Order of the Sisters of Mercy in Queensland.

12

Society of Mary for the Province of Australia

 

(a)        The Trustees of the Marist Fathers for the Province of Australia.