New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 6H

6H Organisations vicariously liable for child abuse perpetrated by employees

(1) An organisation is vicariously liable for child abuse perpetrated against a child by an employee of the organisation if--

(a) the apparent performance by the employee of a role in which the organisation placed the employee supplies the occasion for the perpetration of the child abuse by the employee, and

(b) the employee takes advantage of that occasion to perpetrate the child abuse on the child.

(2) In determining if the apparent performance by the employee of a role in which the organisation placed the employee supplied the occasion for the perpetration of child abuse on a child, a court is to take into account whether the organisation placed the employee in a position in which the employee has one or more of the following--

(a) authority, power or control over the child,

(b) the trust of the child,

(c) the ability to achieve intimacy with the child.

(3) This section does not affect, and is in addition to, the common law as it applies with respect to vicarious liability.

(4) In this section--

"child abuse" means sexual abuse or physical abuse perpetrated against a child but does not include any act that is lawful at the time that it takes place.