8Participating government institution that arranged for non‑government institution’s responsibility for day‑to‑day care of person is equally responsible with that institution

#### 8 Participating government institution that arranged for non‑government institution’s responsibility for day‑to‑day care of person is equally responsible with that institution (1) For the purposes of subsection 15(5) of the Act, subsections (2), (3), (4) and (5) of this section together prescribe the circumstances in which a participating government institution is equally responsible with a non‑government institution for the sexual abuse or non‑sexual abuse of a person (the child). > Note 1: All the circumstances prescribed by subsections (2), (3), (4) and (5) must exist for the participating government institution and the non‑government institution to be equally responsible. > Note 2: Under subsection 15(1) of the Act, an institution that, because of this section, is equally responsible for the abuse of the child is also responsible for the abuse. (2) The participating government institution made an arrangement with the non‑government institution for the non‑government institution to have responsibility for the day‑to‑day care of the child. (3) At the time of the abuse, either: (a) the participating government institution had parental responsibility for the child under an order of a court (whether or not another institution or person also had parental responsibility for the child); or (b) the child was a ward of the jurisdiction that the participating government institution belongs to. > Note: Paragraph (a) or (b) may apply to a Commonwealth institution if the arrangement was made for the care of the child in a Territory and was made before self‑government of the Territory. (4) While the arrangement had effect, the only persons or institutions with parental responsibility for the child were one or more of the following: (a) the non‑government institution; (b) a person who had such responsibility under an order of a court; (c) the participating government institution; (d) the jurisdiction that the participating government institution belongs to; (e) if the arrangement was for day‑to‑day care of the child in a Territory and the arrangement had effect both before and after self‑government of the Territory started—the Territory or a Territory institution of the Territory. (5) The abuse occurred while the child was in the care of the non‑government institution and not in the care of another institution. (6) For the purposes of subsection 15(6) of the Act, if, apart from this section, the non‑government institution would be primarily responsible for the abuse, the institution is not primarily responsible for the abuse (but is equally responsible for the abuse under this section).