Civil Liability (Institutional Child Abuse) Amendment Bill 2018* (Qld)

An Act to amend the Civil Liability Act 2003, the Limitation of Actions Act 1974 and the Personal Injuries Proceedings Act 2002 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Civil Liability (Institutional Child Abuse) Amendment Act 2018.

Part 2 Amendment of Civil Liability Act 2003

2 Act amended This part 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 perpetrated in connection with sexual abuse or serious physical abuse of the child, whether or not the other 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— 1 An entity other than individual is an institution if the entity— (a) has or had a child in its care, or under its supervision or authority; or (b) provides or provided activities, facilities, programs or services of any kind that give or gave a person an opportunity to have contact with a child. 2 For paragraph 1, the following are irrelevant— (a) whether or not the entity currently exists; and (b) whether or not the entity is incorporated; and (c) how the entity is described. 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) if the institution has, in any way, delegated the care of, supervision of or authority over the relevant child to another institution—an official of the other institution within the meaning of paragraph (a) or (b); and (d) if the institution has, in any way, delegated the care of, supervision of or authority over the relevant child to an individual to whom paragraphs (a) to (c) do not apply—that individual; and (e) any other person who would be considered, or should be treated as if the person were, an official of the institution. related entity, of an institution, means— (a) an entity that provides or provided activities, facilities, programs or services of any kind for the institution; or (b) if the institution is or was a corporation—another corporation that is or was related to the institution within the meaning of the Corporations Act, section 50. relevant child, in relation to an institution— (a) means a child who is— (i) involved in activities, facilities, programs or services of any kind provided by the institution; or (ii) otherwise in the care, or under the supervision or authority, of the institution; and (b) includes a child for whom the institution has, in any way, delegated care of, supervision of or authority over to another institution or an individual.