New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 6F

6F Liability of organisation for child abuse by associated individuals

(1) This section imposes a duty of care that forms part of a cause of action in negligence.

(2) An organisation that has responsibility for a child must take reasonable precautions to prevent an individual associated with the organisation from perpetrating child abuse of the child in connection with the organisation's responsibility for the child.

(3) In proceedings against an organisation involving a breach of the duty of care imposed by this section, the organisation is presumed to have breached its duty if the plaintiff establishes that an individual associated with the organisation perpetrated the child abuse in connection with the organisation's responsibility for the child, unless the organisation establishes that it took reasonable precautions to prevent the child abuse.

(4) In determining, for the purposes of this section, whether an organisation took reasonable precautions to prevent child abuse, a court may take into account any of the following--

(a) the nature of the organisation,

(b) the resources reasonably available to the organisation,

(c) the relationship between the organisation and the child,

(d) whether the organisation has delegated in whole or in part the exercise of care, supervision or authority over a child to another organisation,

(e) the role in the organisation of the individual who perpetrated the child abuse,

(f) the level of control the organisation had over the individual who perpetrated the child abuse,

(g) whether the organisation complied with any applicable standards (however described) in respect of child safety,

(h) any matter prescribed by the regulations,

(i) any other matter the court considers relevant.

(5) In this section--

"child abuse" , of a child, means sexual abuse or physical abuse of the child but does not include an act that is lawful at the time it takes place.