Western Australian Current Acts

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CIVIL LIABILITY ACT 2002 - SECT 15D

15D .         Liability of incorporated institution that was unincorporated at time of abuse

        (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 incorporated; and

            (e)         the person is able to maintain an action on the cause of action or would be able to do so 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 institution.

        (3)         Any liability that the office holder would have had in relation to the cause of action is taken to be held by the institution.

        (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 institution has a liability in relation to a cause of action in tort because of subsection (3), the institution 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 15D inserted: No. 3 of 2018 s. 5.]



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