South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 50G

50G—Institutions vicariously liable for abuse of child by employee

        (1)         An institution is vicariously liable for abuse of a child by an employee of the institution if—

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

            (b)         the employee takes advantage of that occasion to abuse the child; and

            (c)         the abuse occurred while the child was under the care, supervision, control or authority of the institution.

        (2)         In determining if the apparent performance by the employee of a role in which the institution placed the employee supplied the occasion for the abuse of a child, a court is to take into account whether the institution placed the employee in a position in which the employee has 1 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 as it applies with respect to vicarious liability.



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