Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025 (ACT)

Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025

A2025-32

An Act to amend the Civil Law (Wrongs) Act 2002

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Civil Law (Wrongs) Act 2002.

4. New part 8A.1A

   insert

Part 8A.1ALiability of organisations

114BBDefinitions—pt 8A.1A

In this part:

employee, of an organisation—see section 114BC.

organisation includes the following:

(a)an administrative unit;

(b)a territory authority;

(c)an unincorporated body.

responsible, for a child—see section 114BD.

114BCMeaning of employee—pt 8A.1A

(1)In this part:

employee, of an organisation, includes an individual who is akin to an employee of the organisation.

(2)For this section, an individual is akin to an employee of an organisation if—

(a)the individual carries out activities that are—

(i)a part of the ordinary activities carried out by the organisation; and

(ii)for the benefit of the organisation; or

(b)a circumstance prescribed by regulation applies to the individual.

(3)A regulation under subsection (2) (b) may also prescribe a circumstance in which an individual is not akin to an employee if the circumstance applies to the individual.

114BDOrganisations that are responsible for child

(1)An organisation is responsible for a child if it, including any part of it, exercises care, supervision or authority over the child.

(2)If an organisation, including any part of it, delegates the exercise of care, supervision or authority over the child to another organisation, in whole or in part, each organisation is responsible for the child.

114BEOrganisations vicariously liable for child abuse perpetrated by employees

(1)An organisation that is responsible for a child is vicariously liable for child abuse perpetrated against the child by an employee of the organisation if—

(a)the apparent performance by the employee of a role in which the organisation placed the employee supplies the occasion for the perpetration of the child abuse by the employee; and

(b)the employee takes advantage of the occasion to perpetrate the child abuse.

(2)In determining whether the apparent performance by the employee of a role in which the organisation placed the employee supplied the occasion for the perpetration of child abuse against a child, a court must take into account whether the organisation placed the employee in a position in which the employee has one or more of the following:

(a)authority, power or control over the child;

(b)the trust of the child;

(c)the ability to achieve intimacy with the child.

(3)This section does not affect, and is in addition to, the common law in relation to vicarious liability.

1. Definitions—pt 8A.3
   Section 114J (1), definition of abuse settlement agreement, new paragraph (b) (iii)

   insert

   (iii)happened before the commencement of part 8A.1A, and the child abuse claim involved child abuse by a person who would have been an employee of an organisation if that part had been in force when the agreement was made.

2. New chapter 21

   insert

Chapter 21Transitional—Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025

1. Application of pt 8A.1A

   Part 8A.1A applies to proceedings commenced but not finally decided before the day the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025, section 4, commences.

2. Expiry—ch 21

   This chapter expires 3 years after the day it commences.

   NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

3. Dictionary, new definitions

   insert

   employee, of an organisation, for part 8A.1A (Liability of organisations)—see section 114BC.

   organisation, for part 8A.1A (Liability of organisations)—see section 114BB.

   responsible, for a child, for part 8A.1A (Liability of organisations)—see section 114BD.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 25 June 2025.

2. Notification

   Notified under the Legislation Act on 12 November 2025.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025, which was passed by the Legislative Assembly on 30 October 2025.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2025