12Circumstances in which government authority is not responsible

#### 12 Circumstances in which government authority is not responsible (1) For the purposes of subsection 15(6) of the Act, subsection (2) of this section prescribes circumstances in which an institution (the government authority) that is an authority of the Commonwealth, a State or a Territory is not responsible, primarily responsible or equally responsible for sexual abuse or non‑sexual abuse of a person that: (a) occurred while another institution was responsible for the day‑to‑day care or custody of the person or was the legal guardian of the person; or (b) was carried out by a person who was an official of another institution at the time of the abuse; or (c) occurred: (i) on the premises of another institution; or (ii) where activities of another institution took place; or (iii) in connection with the activities of another institution. (2) The circumstances are that the only connection between the government authority and the abuse is one or more of the following: (a) the government authority regulated the other institution or an activity of the other institution; (b) the government authority funded the other institution or an activity of the other institution; (c) the other institution was established by or under the law of the jurisdiction that the government authority belongs to. (3) This section has effect subject to Division 2.