South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 50F

50F—Proof of whether duty was breached

        (1)         This section applies if a person associated with an institution abuses a child while the child is under the care, supervision, control or authority of the institution.

        (2)         The institution is taken to have breached its duty under section 50E unless the institution proves it took all reasonable steps to prevent the abuse.

        (3)         In deciding whether the institution took all reasonable steps to prevent the abuse, the matters that are relevant include—

            (a)         the nature of the institution; and

            (b)         the resources that were reasonably available to the institution; and

            (c)         the relationship between the institution and the child; and

            (d)         the position in which the institution placed the person in relation to the child, including the extent to which the position gave the person—

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

                  (ii)         an ability to achieve intimacy with the child or gain the child's trust; and

            (e)         the probability that the abuse would occur if precautions against a risk of abuse were not taken; and

            (f)         the burden of taking precautions to avoid the risk of abuse; and

            (g)         the social utility of the activity that creates the risk of abuse; and

            (h)         whether the institution complied with any applicable standard (however described) in respect of child safety; and

                  (i)         any matter prescribed by the regulations; and

            (j)         any other matter a court considers relevant.