Div 8A1A.2 Duty of organisations to prevent child

Division 8A.1A.2 Duty of organisations to prevent child abuse 114BBB Application—div 8A.1A.2 This division applies in relation to child abuse that happens, or is alleged to happen, on or after the day this division commences.

114BBC Meaning of individual associated with organisation— div 8A.1A.2 (1) For this division, an individual associated with an organisation includes— (a) an office holder, officer, owner, employee, agent, volunteer or contractor of the organisation; and (b) if the organisation is a religious organisation—a religious leader, such as a priest or minister, or other member of the personnel of the organisation, whether or not the individual is ordained; and (c) an individual prescribed by regulation. (2) A regulation may prescribe circumstances in which an individual is not associated with an organisation. (3) If an organisation (the principal organisation) delegates, in whole or in part, its responsibility for a child to another organisation (the delegate organisation), an individual associated with the delegate organisation is also taken to be associated with the principal organisation. 114BBD Duty of organisations to prevent child abuse (1) This section imposes a duty of care that forms part of a cause of action in negligence. (2) An organisation that is responsible for a child must take reasonable precautions to prevent an individual associated with the organisation from perpetrating child abuse against the child in connection with the organisation’s responsibility for the child. (3) If an individual associated with the organisation perpetrates child abuse against a child in connection with the organisation’s responsibility for the child, the organisation is taken to have breached the duty of care unless the organisation establishes that it took reasonable precautions to prevent the child abuse.

A2026-7 Civil Law (Wrongs) Amendment Act 2026 page 5 (4) In deciding whether an organisation took reasonable precautions to prevent the child abuse, a court may consider the following: (a) the nature of the organisation; (b) the resources available to the organisation; (c) the relationship between the organisation and the child; (d) the position in which the organisation placed the individual, including the extent to which the position gave the individual any of the following: (i) authority, power or control over the child; (ii) the ability to gain the trust of the child; (iii) the ability to achieve intimacy with the child; (e) whether the organisation complied with any applicable standards in relation to child safety; (f) any other matters prescribed by regulation; (g) any other matters the court considers relevant. Division 8A.1A.3 Vicarious liability of organisations 11 Section 114BC heading 114BC Meaning of employee—div 8A.1A.3 12 Section 114BC (1) omit part division

13 Organisations that are responsible for child relocate to division 8A.1A.1 as section 114BBA 14 New part 15.4A Part 15.4A Prohibition on claim farming 221A Definitions—pt 15.4A In this part: associate, of a law practice—see the Legal Profession Act 2006, dictionary. claim— (a) means a claim (however described) for damages based on a liability for personal injury, whether the liability is based in tort or contract or on another form of action (including breach of statutory duty), and, for a fatal injury, includes a claim for the dead person’s dependants or estate; and (b) includes a claim for redress under the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth), section 8; but (c) does not include a motor accident claim within the meaning of the Motor Accident Injuries Act 2019. claimant means a person who has or may have a claim. law practice—see the Legal Profession Act 2006, dictionary. service means a service relating to a claim.