South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 50H

50H—Liability of incorporated institution that was unincorporated at time of abuse

        (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—

                  (i)         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; or

                  (ii)         the institution, in accordance with section 50J; and

            (c)         the institution was an unincorporated body when the cause of action accrued; and

            (d)         the institution is an incorporated body; and

            (e)         —

                  (i)         if the cause of action is against the former office holder—the claimant is able to maintain proceedings on the cause of action, or would be able to maintain proceedings on the cause of action if the former office holder still held the relevant office; or

                  (ii)         if the cause of action is against the institution—the claimant is able to maintain proceedings on the cause of action, or would be able to maintain proceedings on the cause of action if the institution was still an unincorporated body.

        (2)         A proceeding for the claimant's cause of action may be commenced or continued against the institution.

        (3)         The following apply for the purposes of a proceeding commenced or continued under subsection (2) if the cause of action is against the former office holder:

            (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 institution;

            (b)         anything done by the former office holder is taken to have been done by the institution;

            (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 institution;

            (d)         the institution 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 institution.