Organisations Can Be Held Liable for Abuse by Staff, Volunteers, and Contractors
Civil Law (Wrongs) (Organisational Child Abuse Liability) Amendment Bill 2025
Private Member's BillIntroduced by: Shane Rattenbury (GRN)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Organisations are legally responsible for child abuse committed by an employee; this applies if the employee used their role to abuse the child.
Employees include volunteers, contractors, office holders; for religious organisations, this includes religious leaders whether ordained or not.
An organisation is responsible for a child if it exercises care, supervision or authority over them; this includes organisations that delegate those duties to another group.
Courts must consider if an employee had power, authority or control over a child when deciding if the role provided the opportunity for abuse.
Courts must also consider the child's trust or the employee's ability to achieve intimacy with the child.
These liability rules apply to court cases that started before the law changed; this applies as long as the case was not finally decided.
Organisations that exercise care, supervision, or authority over a child are now legally responsible for child abuse committed by their employees against that child.
An organisation is responsible if the employee used their role or position to commit the abuse.
The definition of 'employee' is expanded to include volunteers, contractors, office holders, owners, and religious leaders.
Courts must consider whether an organisation gave an employee power, control, or trust over a child when deciding if the employee's role provided the opportunity for abuse.
The definition of 'abuse settlement agreements' now includes older agreements involving people who would be considered employees under these new rules.
These new liability rules apply to court cases that have already started but have not yet been decided. This transition period lasts for 3 years.