Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 15

When is an institution responsible for abuse?

  (1)   An institution (whether or not a participating institution) is responsible for abuse of a person if the institution is primarily responsible or equally responsible for the abuse.

When an institution is primarily responsible for abuse

  (2)   An institution is primarily responsible for abuse of a person if the institution is solely or primarily responsible for the abuser having contact with the person.

When an institution is equally responsible for abuse

  (3)   An institution is equally responsible for abuse of a person if:

  (a)   the institution and one or more other institutions are approximately equally responsible for the abuser having contact with the person; and

  (b)   no institution is primarily responsible for the abuse of the person.

Relevant circumstances for determining responsibility

  (4)   Without limiting the circumstances that might be relevant for determining under subsection   (2) or (3) whether an institution is primarily responsible or equally responsible for the abuser having contact with the person, the following circumstances are relevant:

  (a)   whether the institution was responsible for the day - to - day care or custody of the person when the abuse occurred;

  (b)   whether the institution was the legal guardian of the person when the abuse occurred;

  (c)   whether the institution was responsible for placing the person into the institution in which the abuse occurred;

  (d)   whether the abuser was an official of the institution when the abuse occurred;

  (e)   whether the abuse occurred:

  (i)   on the premises of the institution; or

  (ii)   where activities of the institution took place; or

  (iii)   in connection with the activities of the institution;

  (f)   any other circumstances that are prescribed by the rules.

Note:   When determining the question whether an institution is responsible for abuse of a person, the circumstances listed in this subsection are relevant to that question, but none of them on its own is determinative of that question.

  (5)   Despite subsections   (1), (2) and (3), an institution is responsible , primarily responsible or equally responsible for abuse of a person in the circumstances (if any) prescribed by the rules.

  (6)   Despite subsections   (1), (2) and (3), an institution is not responsible , primarily responsible or equally responsible for abuse of a person in the circumstances (if any) prescribed by the rules.