Civil Liability (Institutional Child Abuse) Amendment Bill 2017

Overview

This bill would have made institutions legally responsible when children in their care are sexually or seriously physically abused by staff, volunteers or contractors. It implemented recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. The bill lapsed when the 55th Parliament ended and did not become law.

Who it affects

Survivors of institutional child abuse would have gained easier access to compensation, while churches, schools, charities, sporting clubs and other institutions working with children would have faced new duties and liabilities.

Key changes

• Creates a non-delegable duty on institutions to prevent child abuse by their officials
• Reverses the onus of proof so institutions must show they took reasonable precautions
• Requires unincorporated institutions (like some religious bodies) to nominate a suable entity as defendant
• Allows court judgments to be paid from property held on trust for the institution
• Applies prospectively only, not to past abuse