Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 114H

Defendant may rely on defences and immunities etc

    (1)     In a proceeding for a child abuse claim, a defendant for an unincorporated body nominated under section 114D (2), or appointed under section 114E (4)—

        (a)     may rely on any defence or immunity the body would have been able to rely on had the body been incorporated and capable of being sued; and

        (b)     is entitled to be indemnified under any policy of insurance in relation to the claim that the body would have been indemnified under had the body been incorporated and capable of being sued.

    (2)     Nothing in subsection (1) (b) excludes an unincorporated body from any coverage or indemnity of the body under an insurance policy in relation to a child abuse claim.



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