6HOrganisations vicariously liable for child abuse perpetrated by employees

#### 6H Organisations vicariously liable for child abuse perpetrated by employees 6H Organisations vicariously liable for child abuse perpetrated by employees > > (1) An organisation is vicariously liable for child abuse perpetrated against a 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 that occasion to perpetrate the child abuse on the child. > > > (2) In determining if 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 on a child, a court is to 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 as it applies with respect to vicarious liability. > > > (4) In this section— > > > > child abuse means sexual abuse or physical abuse perpetrated against a child but does not include any act that is lawful at the time that it takes place. > > **pt 1B, divs 1–5 (ss 6A–6Q):** Ins 2018 No 56, Sch 1 \[4\]. > > **pt 1B, divs 3–5 (ss 6G–6Q):** Ins 2018 No 56, Sch 1 \[4\].