Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026

Queensland Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026

Queensland Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 33A (Definitions for part) . . . . . . . . . . . . . . . . . 4 4 Insertion of new ch 2, pt 2A, div 3A . . . . . . . . . . . . . . . . . . . . . . . 4 Division 3A Liability of institutions for abuse by persons in relationship akin to employment 33IA Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . 4 33IB Extension of class of person associated with an institution 5 33IC Declarations about liability of institution for person akin to employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 33ID Application of Limitation of Actions Act 1974, section 11A 6 33IE Bringing action on previously settled right of action . 6 5 Amendment of s 72A (Application of pt 1A) . . . . . . . . . . . . . . . . 7 6 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 7

2026 A Bill for An Act to amend the Civil Liability Act 2003 to allow institutions to potentially be held vicariously liable for claims for the abuse of children under their care, supervision, control or authority if the abuse is perpetrated by persons not employed by the institutions but in relationships akin to employment by the institutions, and for other particular purposes

[s 1] Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026 Page 4 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Act 2026. 2 Act amended This Act amends the Civil Liability Act 2003. 3 Amendment of s 33A (Definitions for part) Section 33A, definition associated with, ‘section 33C’— omit, insert— sections 33C and 33IB 4 Insertion of new ch 2, pt 2A, div 3A Chapter 2, part 2A— insert— Division 3A Liability of institutions for abuse by persons in relationship akin to employment 33IA Definition for division In this division, other than section 33IC, a reference to an abuse claim includes a reference to a purported abuse claim mentioned in section 33IC(2). 1 Clause 2 3 4 5 Clause 6 7 Clause 8 9 10 11 Clause 12 13 14 15 16 17 18 19 20 21 22 23

[s 4] Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026 Page 5 Authorised by the Parliamentary Counsel 33IB Extension of class of person associated with an institution A person is taken to be, or to have been, associated with an institution under this part if the person is, or was, in a relationship with the institution akin to being employed by the institution. 33IC Declarations about liability of institution for person akin to employee (1) It is declared that an institution is not prevented from being held vicariously liable for an abuse claim arising from the abuse of a child by a person associated with the institution only because the person— (a) is not employed by the institution; but (b) is, instead, in a relationship with the institution akin to being employed by the institution. (2) It is also declared that an institution has never been prevented from being held vicariously liable for a purported abuse claim that arose from the abuse of a child by a person associated with the institution only because the person— (a) was not employed by the institution; but (b) was, instead, in a relationship with the institution akin to being employed by the institution. (3) To remove any doubt, it is further declared that a purported abuse claim mentioned in subsection (2) is taken to be, and always to have been, an abuse claim under this part. (4) Subsections (1) and (2) apply in relation to a cause of action to which an abuse claim or purported abuse claim relates whether the cause of action accrued before or after the commencement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35