Civil Liability (Institutional Child Abuse) Amendment Bill 2017* (Qld)

An Act to amend the Civil Liability Act 2003 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Civil Liability (Institutional Child Abuse) Amendment Act 2017.

2 Act amended This Act amends the Civil Liability Act 2003.

3 Insertion of new ch 2, pt 6 Chapter 2— insert—

Part 6 Liability of institutions for child abuse

49C Definitions for part In this part— child abuse means any of the following perpetrated in relation to an individual while the individual is a child— (a) sexual abuse; (b) serious physical abuse; (c) any other abuse (connected abuse) perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the connected abuse was perpetrated by the person who perpetrated the sexual abuse or serious physical abuse. duty of care means the duty of care imposed on an institution under section 49D(1). institution means an entity (whether existing or no longer existing, whether or not incorporated, and however described) that provides or provided activities, facilities, programs or services of any kind that gives or gave an opportunity for a person to have contact with a child. official, of an institution, in relation to a relevant child, includes— (a) a representative (however described) of the institution or a related entity; and (b) a member, officer, employee, associate, contractor or volunteer (however described) of the institution or a related entity; and (c) a person who provides services to, or for, the institution or a related entity, including, for example, a member, officer, employee, associate, contractor or volunteer (however described) of an entity; and (d) if the institution has delegated, by means of contract or otherwise, the care, supervision or authority over the relevant child to another institution (the other institution)—an official of the other institution within the meaning of paragraph (a), (b) or (c); and (e) if the institution has delegated, by means of contract or otherwise, the care, supervision or authority over the relevant child to an individual to whom paragraph (a) to (d) does not apply—that individual; and (f) any other person who would be considered as, or should be treated as if the person were, an official of the institution. relevant child, in relation to an institution, means a child who is— (a) involved in activities, facilities, programs or services of any kind provided by the institution; or (b) otherwise in the care or supervision, or under the authority, of the institution.