114AMeaning of child abuse claim

114A Meaning of child abuse claim In this Act: child abuse claim, by or on behalf of a person, means a claim in relation to a personal injury that arises from child abuse to which the person was subjected when the person was a child. 114AA Meaning of child abuse—ch 8A (1) In this chapter: child abuse means physical abuse or sexual abuse of a child. physical abuse does not include conduct that is justified or excused under a law applying in the Territory. sexual abuse, of a child, includes any of the following involving the child: (a) an offence of a sexual nature; (b) misconduct of a sexual nature. 114B Meaning of related trust—ch 8A (1) In this chapter: related trust, in relation to an unincorporated body, means a trust controlled by the unincorporated body which the body uses to conduct the body’s activities. Part 8A.1 Definitions and application—ch 8A (2) For this section, a related trust is controlled by an unincorporated body if— (a) the body has direct or indirect power to control the application of income, or the distribution of the property, of the trust; or (b) the body has direct or indirect power to obtain the beneficial enjoyment of the property or income of the trust, with or without the consent of any other entity; or (c) the body has direct or indirect power to appoint or remove a trustee of the trust; or (d) the body has direct or indirect power to appoint or remove beneficiaries of the trust; or (e) the trustee of the trust is accustomed or under an obligation, whether formal or informal, to act according to the directions, instructions or wishes of the body; or (f) the body has direct or indirect power to decide the outcome of any other decision about the trust’s operations; or (g) a member of the body has, under the trust deed for the trust, a power mentioned in paragraphs (a) to (f). 114BA Time when child abuse etc happens This chapter applies in relation to child abuse or alleged child abuse of a person who is the subject of a child abuse claim, regardless of when the abuse or alleged abuse happened. Liability of organisations Part 8A.1A 114BB Definitions—pt 8A.1A employee, of an organisation—see section 114BC. organisation includes the following: (a) an administrative unit; (b) a territory authority; (c) an unincorporated body. responsible, for a child—see section 114BD. 114BC Meaning of employee—pt 8A.1A employee, of an organisation, includes an individual who is akin to an employee of the organisation. (2) For this section, an individual is akin to an employee of an organisation if— (a) the individual carries out activities that are— (i) a part of the ordinary activities carried out by the organisation; and (ii) for the benefit of the organisation; or (b) a circumstance prescribed by regulation applies to the individual. (3) A regulation under subsection (2) (b) may also prescribe a circumstance in which an individual is not akin to an employee if the circumstance applies to the individual. 114BD Organisations that are responsible for child (1) An organisation is responsible for a child if it, including any part of it, exercises care, supervision or authority over the child. (2) If an organisation, including any part of it, delegates the exercise of care, supervision or authority over the child to another organisation, in whole or in part, each organisation is responsible for the child. 114BE Organisations vicariously liable for child abuse perpetrated by employees (1) An organisation that is responsible for a child is vicariously liable for child abuse perpetrated against the child by an employee of the organisation if— (a) the apparent performance by the employee of a role in which the organisation placed the employee supplies the occasion for the perpetration of the child abuse by the employee; and (b) the employee takes advantage of the occasion to perpetrate the child abuse. (2) In determining whether the apparent performance by the employee of a role in which the organisation placed the employee supplied the occasion for the perpetration of child abuse against a child, a court must take into account whether the organisation placed the employee in a position in which the employee has one or more of the following: (a) authority, power or control over the child; (b) the trust of the child; (c) the ability to achieve intimacy with the child. (3) This section does not affect, and is in addition to, the common law in relation to vicarious liability. Part 8A.2 Institutional child abuse— proceedings against unincorporated bodies