Western Australian Current Acts Western Australian Current Acts (1) Subsections (2)
and (3) apply if —
(a) a
person was subjected to child sexual abuse by a person associated with an
institution; and
(b) the
person has or had a child sexual abuse cause of action against the holder of
an office of authority in the institution (the office holder ) founded on the
responsibility of the office holder for the associated person and for the
institution generally; and
(c) at
the time of the accrual of the cause of action, the institution —
(i)
exercised care, supervision or authority over children;
and
(ii)
was not incorporated;
and
(d) the
institution is currently not incorporated; and
(e) the
office holder no longer holds the office; and
(f) the
person would be able to maintain an action on the cause of action if the
office holder continued to hold the office.
(2) An action on the
cause of action referred to in subsection (1)(b) may be commenced against the
current holder of the office (the current office holder ) in the name of the
office.
(3) Any liability that
the office holder would have had in relation to the cause of action is taken
to be held by the current office holder.
(4) This section
applies —
(a)
regardless of when the act or omission that constitutes the child sexual abuse
occurred; and
(b)
regardless of when the cause of action accrued.
(5) If the current
office holder has a liability in relation to a cause of action in tort because
of subsection (3), the current office holder is taken to be a tortfeasor, for
the purposes of the Law Reform (Contributory Negligence and
Tortfeasors’ Contribution) Act 1947 section 7, in respect of damage
suffered as a result of the tort.
[Section 15B inserted: No. 3 of 2018 s. 5.]