{"id":"a-2026-7","name":"Civil Law (Wrongs) Amendment Act 2026","slug":"civil-law-wrongs-amendment-act-2026","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"7 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":454072,"registerId":"act-a-2026-7-current","compilationNumber":null,"startDate":"2026-05-15","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Civil Law (Wrongs) Amendment Act 2026.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day after its notification day.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Legislation amended","content":"3 Legislation amended\nThis Act amends the Civil Law (Wrongs) Act 2002.\nNote This Act also amends the Legal Profession Act 2006 (see sch 1).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions—ch 7A","content":"4 Definitions—ch 7A\nSection 107A, new definitions\nclaimant—see section 107C.\nconsumer claim—see section 107C.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Time when child abuse etc happens","content":"5 Time when child abuse etc happens\nafter\nThis chapter\n, other than division 8A.1A.2 (Duty of organisations to prevent child\nabuse),\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 3\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Section 114BA, new note","content":"6 Section 114BA, new note\nNote Division 8A.1A.2 applies in relation to child abuse that happens, or is\nalleged to happen, on or after the day the division commences (see\ns 114BBB).\n7 New division 8A.1A.1 heading\nDivision 8A.1A.1 Preliminary—pt 8A.1A\n8 Definitions—pt 8A.1A\nSection 114BB, definition of employee\nomit\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Section 114BB, definition of responsible","content":"9 Section 114BB, definition of responsible\nomit\nsection 114BD\nsection 114BBA\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"New division 8A.1A.2 etc","content":"10 New division 8A.1A.2 etc\nbefore section 114BC, insert\n","sortOrder":7},{"sectionNumber":"Div 8A","sectionType":"division","heading":"1A.2 Duty of organisations to prevent child","content":"Division 8A.1A.2 Duty of organisations to prevent child\nabuse\n114BBB Application—div 8A.1A.2\nThis division applies in relation to child abuse that happens, or is\nalleged to happen, on or after the day this division commences.\n\n114BBC Meaning of individual associated with organisation—\ndiv 8A.1A.2\n(1) For this division, an individual associated with an organisation\nincludes—\n(a) an office holder, officer, owner, employee, agent, volunteer or\ncontractor of the organisation; and\n(b) if the organisation is a religious organisation—a religious\nleader, such as a priest or minister, or other member of the\npersonnel of the organisation, whether or not the individual is\nordained; and\n(c) an individual prescribed by regulation.\n(2) A regulation may prescribe circumstances in which an individual is\nnot associated with an organisation.\n(3) If an organisation (the principal organisation) delegates, in whole or\nin part, its responsibility for a child to another organisation\n(the delegate organisation), an individual associated with the\ndelegate organisation is also taken to be associated with the principal\norganisation.\n114BBD Duty of organisations to prevent child abuse\n(1) This section imposes a duty of care that forms part of a cause of action\nin negligence.\n(2) An organisation that is responsible for a child must take reasonable\nprecautions to prevent an individual associated with the organisation\nfrom perpetrating child abuse against the child in connection with the\norganisation’s responsibility for the child.\n(3) If an individual associated with the organisation perpetrates child\nabuse against a child in connection with the organisation’s\nresponsibility for the child, the organisation is taken to have breached\nthe duty of care unless the organisation establishes that it took\nreasonable precautions to prevent the child abuse.\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 5\n(4) In deciding whether an organisation took reasonable precautions to\nprevent the child abuse, a court may consider the following:\n(a) the nature of the organisation;\n(b) the resources available to the organisation;\n(c) the relationship between the organisation and the child;\n(d) the position in which the organisation placed the individual,\nincluding the extent to which the position gave the individual\nany of the following:\n(i) authority, power or control over the child;\n(ii) the ability to gain the trust of the child;\n(iii) the ability to achieve intimacy with the child;\n(e) whether the organisation complied with any applicable\nstandards in relation to child safety;\n(f) any other matters prescribed by regulation;\n(g) any other matters the court considers relevant.\nDivision 8A.1A.3 Vicarious liability of organisations\n11 Section 114BC heading\n114BC Meaning of employee—div 8A.1A.3\n12 Section 114BC (1)\nomit\npart\ndivision\n\n13 Organisations that are responsible for child\nrelocate to division 8A.1A.1 as section 114BBA\n14 New part 15.4A\nPart 15.4A Prohibition on claim farming\n221A Definitions—pt 15.4A\nIn this part:\nassociate, of a law practice—see the Legal Profession Act 2006,\ndictionary.\nclaim—\n(a) means a claim (however described) for damages based on a\nliability for personal injury, whether the liability is based in tort\nor contract or on another form of action (including breach of\nstatutory duty), and, for a fatal injury, includes a claim for the\ndead person’s dependants or estate; and\n(b) includes a claim for redress under the National Redress Scheme\nfor Institutional Child Sexual Abuse established under the\nNational Redress Scheme for Institutional Child Sexual Abuse\nAct 2018 (Cwlth), section 8; but\n(c) does not include a motor accident claim within the meaning of\nthe Motor Accident Injuries Act 2019.\nclaimant means a person who has or may have a claim.\nlaw practice—see the Legal Profession Act 2006, dictionary.\nservice means a service relating to a claim.\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 7\n","sortOrder":8},{"sectionNumber":"221B","sectionType":"section","heading":"Contacting claimants about claims","content":"221B Contacting claimants about claims\n(1) A person commits an offence if—\n(a) the person contacts a claimant for the purposes of—\n(i) soliciting or inducing the claimant to make a claim; or\n(ii) referring the claimant to another person (a third party) for\nthe purposes of the third party providing a service to the\nclaimant; and\n(b) the person—\n(i) receives, or agrees or expects to receive, a fee or other\nbenefit from any person because of the contact; or\n(ii) asks for someone else to receive, or agrees to someone else\nreceiving, a fee or other benefit from any person because\nof the contact.\n(2) This section does not apply in any of the following circumstances:\n(a) the claimant is contacted in relation to representative\nproceedings (however described);\n(b) the claimant is contacted by an associate of a law practice if—\n(i) the law practice has previously provided legal services to\nthe claimant; and\n(ii) the associate reasonably believes the claimant will not\nobject to the contact;\n(c) the claimant is contacted by an associate of a law practice if—\n(i) a complying community legal centre or an industrial\norganisation has asked the law practice to contact the\nclaimant; and\n\n(ii) the complying community legal centre or industrial\norganisation reasonably believes the claimant will not\nobject to the contact;\n(d) any other circumstances prescribed by regulation.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) In this section:\ncomplying community legal centre—see the Legal Profession\nAct 2006, section 208.\ncontact a claimant includes contact or approach the claimant—\n(a) in person or by post, telephone, email or another form of\nelectronic communication; and\n(b) individually or as a member of a class of people.\nindustrial organisation means an organisation registered under the\nFair Work (Registered Organisations) Act 2009 (Cwlth) or under a\nlaw of a State providing for the registration of industrial\norganisations.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nlegal services—see the Legal Profession Act 2006, dictionary.\n","sortOrder":9},{"sectionNumber":"221C","sectionType":"section","heading":"Giving or receiving fee or benefit for claim referrals","content":"221C Giving or receiving fee or benefit for claim referrals\n(1) A person commits an offence if the person—\n(a) gives, or agrees to give, a fee or other benefit to someone else\nfor a claim referral; or\n(b) arranges for someone else to give a fee or other benefit to\nanother person for a claim referral.\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 9\n(2) A person commits an offence if the person—\n(a) receives, or agrees to receive, a fee or other benefit from\nsomeone else for a claim referral; or\n(b) arranges for someone else to receive a fee or other benefit from\nanother person for a claim referral.\n(3) This section does not apply—\n(a) to a claim referral by a law practice acting for the claimant to\nanother person (a third party) for the purposes of the third party\nproviding a service to the claimant; or\n(b) in any other circumstances prescribed by regulation.\n(4) This section does not apply if—\n(a) all or part of a law practice (the current practice) is sold to\nanother law practice (the new practice); and\n(b) the new practice gives or agrees to give, or arranges for someone\nelse to give, a fee to the current practice for the claim referral of\nthe claimant to the new practice; and\n(c) the amount of the fee is not more than the claimant’s current\nlegal costs; and\n(d) the claimant consents to the claim referral.\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n(5) In this section:\nclaim referral—\n(a) means the referral of a claimant to a person for the purposes of—\n(i) the person providing a service to the claimant; or\n(ii) someone else providing a service to the claimant; and\n\n(b) includes the disclosure of a claimant’s personal information.\ncurrent legal costs, for a claimant, means the legal costs that—\n(a) were incurred by the claimant before the sale of the law practice;\nbut\n(b) have not been included in a bill given to the claimant before the\nsale.\nlegal costs—see the Legal Profession Act 2006, dictionary.\n","sortOrder":10},{"sectionNumber":"221D","sectionType":"section","heading":"Exception for advertising law practices","content":"221D Exception for advertising law practices\nThis part does not apply to—\n(a) the advertising, marketing or promotion of a law practice to the\npublic or a group of people; or\n(b) the giving or receiving of a fee or other benefit relating to\nadvertising, marketing or promotion of a law practice to the\npublic or a group of people.\nmentioned in this section (see Criminal Code, s 58).\n15 Section 262 heading\n262 Application of div 8A.1A.3\n16 Section 262\nomit\nPart 8A.1A\nDivision 8A.1A.3\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 11\n17 New chapter 22\nChapter 22 Transitional—Civil Law\n(Wrongs) Amendment Act 2026\n264 Application of claim farming amendments\n(1) Part 15.4A applies in relation to anything done or omitted to be done\non or after the commencement day.\n(2) However, section 221C (Giving or receiving fee or benefit for claim\nreferrals) does not apply to a fee or benefit given or received on or\nafter the commencement day if—\n(a) the fee or benefit was given or received under an existing claim\nreferral agreement; and\n(b) the claim referral was finalised before the commencement day.\n(3) In this section:\ncommencement day means the day the Civil Law (Wrongs)\nAmendment Act 2026, section 3 commences.\nexisting claim referral agreement means a written agreement\nrelating to a claim referral that was entered into before the\ncommencement day.\n","sortOrder":11},{"sectionNumber":"265","sectionType":"section","heading":"Expiry—ch 22","content":"265 Expiry—ch 22\nThis chapter expires 12 months after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n","sortOrder":12},{"sectionNumber":"18","sectionType":"section","heading":"Dictionary, new definitions","content":"18 Dictionary, new definitions\nassociate, of a law practice, for part 15.4A (Prohibition on claim\nfarming)—see the Legal Profession Act 2006, dictionary.\nassociated, for an individual, for division 8A.1A.2 (Duty of\norganisations to prevent child abuse)—see section 114BBC.\n19 Dictionary, definition of claim, new paragraph (c)\n(c) for part 15.4A (Prohibition on claim farming)—see\n20 Dictionary, definition of claimant, new paragraph (c)\n(c) for part 15.4A (Prohibition on claim farming)—see\n21 Dictionary, definition of employee\nomit\npart 8A.1A (Liability of organisations)\ndivision 8A.1A.3 (Vicarious liability of organisations)\n","sortOrder":13},{"sectionNumber":"22","sectionType":"section","heading":"Dictionary, new definition of law practice","content":"22 Dictionary, new definition of law practice\nlaw practice, for part 15.4A (Prohibition on claim farming)—see the\nLegal Profession Act 2006, dictionary.\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 13\n","sortOrder":14},{"sectionNumber":"23","sectionType":"section","heading":"Dictionary, definition of responsible","content":"23 Dictionary, definition of responsible\nomit\nsection 114BD\nsection 114BBA\n","sortOrder":15},{"sectionNumber":"24","sectionType":"section","heading":"Dictionary, new definition of service","content":"24 Dictionary, new definition of service\nservice, for part 15.4A (Prohibition on claim farming)—see\n\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Legal Profession Act 2006—Consequential amendments","content":"Schedule 1 Legal Profession Act 2006—Consequential amendments\nAmendment [1.1]\nSchedule 1 Legal Profession Act 2006—\nConsequential amendments\n(see s 3)\n[1.1] New section 307A\nin division 3.2.8, insert\n","sortOrder":17},{"sectionNumber":"307A","sectionType":"section","heading":"Legal costs not recoverable if claim farming involved","content":"307A Legal costs not recoverable if claim farming involved\n(1) This section applies if a law practice or an associate of a law practice\nis convicted or found guilty of an offence under the Civil Law\n(Wrongs) Act 2002, part 15.4A (Prohibition on claim farming).\n(2) The law practice is not entitled to recover any legal costs in relation\nto the claim to which the conviction or finding of guilt relates.\n(3) The law practice must repay any legal costs received in relation to the\nclaim to the person from whom it was received.\nNote An amount that is required to be repaid under s (3) may be recovered as\na debt in a court of competent jurisdiction or the ACAT (see Legislation\nAct, s 177).\n[1.2] New section 389 (h)\nbefore the note, insert\n(h) conduct of an Australian legal practitioner consisting of a\ncontravention of the Civil Law (Wrongs) Act 2002, part 15.4A\n(Prohibition on claim farming).\n\nA2026-7 Civil Law (Wrongs) Amendment Act 2026 page 15\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 17 March 2026.\n2 Notification\nNotified under the Legislation Act on 15 May 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Civil Law (Wrongs) Amendment\nBill 2026, which was passed by the Legislative Assembly on 6 May 2026.\nClerk of the Legislative Assembly","sortOrder":18}],"analysis":{"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":17291,"sourceSha256":"8cc5480bdf536527b69d7e7f54403b7f6517c771a0e5f0c040cc9218369444fc","suppliedChars":17291},"complexity_score":6.5,"scope_assessment":{"changed":false,"description":"The supplied Act identifies itself as an amendment to the Civil Law (Wrongs) Act 2002 and includes two substantive areas: organisational precautions against child abuse and prohibitions on claim farming, plus related amendments to the Legal Profession Act 2006. The document does not set out an original proposal or baseline purpose against which to assess significant expansion, so it does not establish that the legislation grew beyond its original intent."},"complexity_factors":["Two distinct reforms: an organisational duty concerning child abuse and offences concerning claim solicitation and referrals.","The duty turns on several conditions, including whether an organisation is responsible for the child, whether a person is associated with it, and the connection between the abuse and the organisation's responsibility (ss 114BBC–114BBD).","The claim-farming provisions define claims and referrals broadly, then provide multiple exceptions, including for representative proceedings, some law-practice contacts, referrals by a law practice acting for a claimant, and law-practice sales (ss 221A–221D).","The offences carry a maximum penalty of 300 penalty units, and the defendant has an evidential burden for specified exceptions (ss 221B(2), 221C(4), 221D).","The Act cross-refers to the Legal Profession Act 2006, the National Redress Scheme legislation, and other legislation, and adds consequential changes to legal-cost recovery and disciplinary matters.","Different transitional rules apply: the child-abuse duty applies to abuse happening or alleged to happen from commencement, while the claim-farming provisions apply to conduct from commencement, subject to a limited exception for certain existing referral agreements (ss 114BBB, 264)."],"plain_english_summary":"The Act amends the ACT Civil Law (Wrongs) Act 2002. It requires organisations responsible for children to take reasonable precautions to prevent associated people from abusing them; if abuse occurs, the organisation must show it took reasonable precautions (s 114BBD). It also creates offences for certain paid claim solicitation and referrals, with exceptions, and may prevent a law practice convicted of claim farming from recovering or require it to repay legal costs (pt 15.4A; Legal Profession Act 2006, s 307A).\n\nThis is general legal information, not legal advice. Zoe can make mistakes; have a qualified Australian lawyer check it before you act on or rely on it."}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-wrongs-amendment-act-2026","history":"/api/acts/civil-law-wrongs-amendment-act-2026/history","analysis":"/api/acts/civil-law-wrongs-amendment-act-2026/analysis","conflicts":"/api/acts/civil-law-wrongs-amendment-act-2026/conflicts","importantCases":"/api/acts/civil-law-wrongs-amendment-act-2026/important-cases","documents":"/api/acts/civil-law-wrongs-amendment-act-2026/documents"}}