Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021 (SA)

South Australia

Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021

An Act to amend the Civil Liability Act 1936.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021.

This Act comes into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

After Part 7 insert:

Part 7A—Child abuse—liability of institutions

Division 1—Preliminary

50A—Interpretation

1. (1)

   In this Part—

abuse, of a child, includes any of the following:

1. (a)

   sexual abuse of the child;

2. (b)

   serious physical abuse of the child;

3. (c)

   psychological abuse of the child related to 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;

akin to an employee—see subsections (2) and (3);

associated trust, of an institution—see section 50B;

associated with, an institution—see section 50C;

child means a person under 18 years of age;

current office holder—see section 50I;

designated carer means a person in whose care a child is placed under the Children and Young People (Safety) Act 2017 but excludes a person who provides care at or on behalf of—

1. (a)

   a children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017); or

2. (b)

   a residential facility established or licensed under the Family and Community Services Act 1972; or

3. (c)

   any other facility that provides non‑family based care to children or young people;

employee, of an institution, includes a person who is akin to an employee of the institution;

function includes a power, authority or duty;

head, of an institution, means the person who—

1. (a)

   is acknowledged by the institution as its head; or

2. (b)

   if paragraph (a) does not apply—has overall responsibility for the institution;

institution—

1. (a)

   means an entity (whether private or public) that is responsible for a child and provides an activity, program or service of a kind that gives an opportunity for a person to have contact with a child; and

2. (b)

   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 50J;

office of authority, in an institution, includes—

1. (a)

   a position as a member of a management committee of the institution; and

2. (b)

   a position in which the holder is concerned with, or takes part in, the management of the institution.

1. (2)

   For the purposes of the definition of employee, a person is akin to an employee of…