50F—Proof of whether duty was breached
(1) This section
applies if a person associated with an institution abuses a child while the
child is under the care, supervision, control or authority of the institution.
(2) The institution is
taken to have breached its duty under section 50E unless the institution
proves it took all reasonable steps to prevent the abuse.
(3) In deciding
whether the institution took all reasonable steps to prevent the abuse, the
matters that are relevant include—
(a) the
nature of the institution; and
(b) the
resources that were reasonably available to the institution; and
(c) the
relationship between the institution and the child; and
(d) the
position in which the institution placed the person in relation to the child,
including the extent to which the position gave the person—
(i)
authority, power or control over the child; or
(ii)
an ability to achieve intimacy with the child or gain the
child's trust; and
(e) the
probability that the abuse would occur if precautions against a risk of abuse
were not taken; and
(f) the
burden of taking precautions to avoid the risk of abuse; and
(g) the
social utility of the activity that creates the risk of abuse; and
(h)
whether the institution complied with any applicable standard (however
described) in respect of child safety; and
(i)
any matter prescribed by the regulations; and
(j) any
other matter a court considers relevant.