Civil Liability and Other Legislation Amendment Bill 2018 (Qld)

An Act to amend the Civil Liability Act 2003, the Civil Proceedings Act 2011, 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 and Other Legislation Amendment Act 2019.

2 Commencement Parts 2, 4 and 5 commence on a day to be fixed by proclamation.

Part 2 Amendment of Civil Liability Act 2003

3 Act amended This part amends the Civil Liability Act 2003.

4 Insertion of new ch 2 , pt 2A Chapter 2— insert—

Part 2A Liability of institutions for child abuse

Division 1 Preliminary

33A Definitions for part In this part— abuse, of a child— (a) for division 2—means sexual abuse or serious physical abuse of the child; or (b) otherwise, means— (i) sexual abuse or serious physical abuse of the child; or (ii) psychological abuse of the child perpetrated in connection with sexual abuse or serious physical abuse of the child. abuse claim means a claim arising from the abuse of a child by a person associated with an institution while the child was under the care, supervision, control or authority of the institution. associated trust, of an institution, see section 33B. associated with, an institution, see section 33C. current office holder see section 33G(2). head, of an institution, means the person who— (a) is acknowledged by the institution as its head; or (b) if paragraph (a) does not apply—has overall responsibility for the institution. institution— (a) means an entity that provides an activity, program or service of a kind that gives an opportunity for a person to have contact with a child; and (b) includes a public sector unit that is an entity mentioned in paragraph (a); and (c) does not include a family. nominee, for an institution, means a person who is the institution's nominee because of a nomination or court order under section 33H. office of authority, in an institution, includes— (a) a position as a member of a management committee of the institution; and (b) a position in which the holder is concerned with, or takes part in, the management of the institution.