AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 49J

Organisations vicariously liable for child abuse perpetrated by employees

(1)  An organisation is vicariously liable for child abuse perpetrated against a child by a person who is an employee of the organisation if, at the time at which the abuse was perpetrated –
(a) the person, by virtue of being such an employee, had –
(i) authority, power or control over the child; or
(ii) the trust of the child; or
(iii) the ability to achieve intimacy with the child; and
(b) the person was able, by virtue of that authority, power, control, trust or ability, to perpetrate the child abuse on the child.
(2)  This section does not affect, and is in addition to, the common law as it applies with respect to vicarious liability.
(3)  In this section –
child abuse , in relation to a child, means –
(a) sexual abuse, or physical abuse, of the child; and
(b) any psychological abuse of the child that arises from the sexual abuse or physical abuse –
but does not include an act that is lawful at the time at which it occurs.


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