Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025

43—1 page i Western Australia Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 Contents

1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 15EA inserted 2 15EA. Employment relationship between religious practitioners and religious institutions 2
5. Part 5 inserted 5 Part 5 — Transitional provisions for Civil Liability Amendment (Child Sexual Abuse Actions) Act 2025
6. Terms used 5
7. Previously finalised causes of action 6

page 1 Western Australia LEGISLATIVE ASSEMBLY Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 A Bill for An Act to amend the Civil Liability Act 2002. The Parliament of Western Australia enacts as follows:

Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 s. 1 page 2

1. Short title1 This is the Civil Liability Amendment (Child Sexual Abuse2 Actions) Act 2025.3
2. Commencement4 This Act comes into operation as follows —5 (a) sections 1 and 2 — on the day on which this Act6 receives the Royal Assent;7 (b) the rest of the Act — on the 28th day after that day.8
3. Act amended9 This Act amends the Civil Liability Act 2002.10
4. Section 15EA inserted11 After section 15E insert:12 13 15EA. Employment relationship between religious14 practitioners and religious institutions15 (1) In this section —16 commencement day means the day on which the Civil17 Liability Amendment (Child Sexual Abuse Actions)18 Act 2025 section 4 comes into operation;19 commissioning means —20 (a) ordination or a similar ceremony or ritual; or21 (b) an equivalent form of appointment or22 recognition;23 religious practitioner —24 (a) means a person who is recognised by a25 religious institution, by commissioning, as26 playing a role in the religious or spiritual life of27 the institution that is distinct from that of28

Civil Liability Amendment (Child Sexual Abuse Actions) Bill 2025 s. 4 page 3 ordinary adherents of the faith or religion of the1 institution; and2 (b) includes such a person regardless of how the3 person’s position or title is described, for4 example, a bishop, priest, deacon or other5 member of the clergy, a monk, nun, novice or6 other member of a religious order, a rabbi, a7 minister, an imam or a pastor.8 (2) This section applies in relation to a child sexual abuse9 cause of action if the person who is taking action on the10 cause of action was subjected to the child sexual abuse11 by a person who was a religious practitioner of a12 religious institution when the act or omission giving13 rise to the cause of action occurred (the relevant time).14 (3) For the purposes of the action on the child sexual abuse15 cause of action —16 (a) the religious practitioner is taken to have been17 an employee of the institution at the relevant18 time; and19 (b) an employment relationship is taken to have20 existed, at the relevant time, between —21 (i) if the institution was incorporated at the22 relevant time — the religious23 practitioner and the institution; or24 (ii) if the institution was not incorporated at25 the relevant time — the religious26 practitioner and the head of the27 institution (within the meaning given in28 section 15H(3)).29 (4) Subsection (3) does not apply if the institution proves30 that it did not remunerate or provide benefits to the31 religious practitioner in that capacity other than (where32