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CIVIL LIABILITY ACT 2003 - SECT 33G
Liability of current office holder of unincorporated institution
(1) This section applies if— (a) a person (the
"claimant" ) suffered abuse as a child by a person associated with an
institution (the
"associated person" ) while the claimant was under the care, supervision,
control or authority of the institution; and
(b) the claimant has or had a
cause of action against a person (the
"former office holder" ) who held an office of authority in the institution
(the
"relevant office" ) when the cause of action accrued, founded on the
former office holder’s responsibility for the institution or for the
associated person; and
(c) the institution was an unincorporated body when
the cause of action accrued; and
(d) the institution is an unincorporated
body; and
(e) the former office holder no longer holds the relevant office;
and
(f) the claimant would be able to maintain an action on the cause of
action if the former office holder still held the relevant office.
(2) A
proceeding for the claimant’s cause of action may be started or continued
against the current holder of the relevant office (the
"current office holder" ) in the name of the office.
(3) The following apply
for the purpose of a proceeding started or continued under subsection (2) —
(a) any liability that the former office holder has or would have had in
relation to the cause of action is taken to be a liability of the
current office holder;
(b) anything done by the former office holder is taken
to have been done by the current office holder;
(c) a duty or obligation that
the former office holder would have had in relation to the proceeding is a
duty or obligation of the current office holder;
(d) the
current office holder may rely on any defence or immunity that would have been
available to the former office holder as a defendant in the proceeding;
(e)
any right of the former office holder to be indemnified (including under an
insurance policy) in respect of damages awarded in an abuse claim extends to,
and indemnifies, the current office holder.
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