(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.]