91 Irrespective of whether state and territory parliaments legislate to Noted This recommendation is a matter for state and impose a non-delegable duty upon institutions, state and territory territory governments. governments should introduce legislation to make institutions The Australian Government is assessing whether liable for institutional child sexual abuse by persons associated relevant and territory law applies effectively with the institution unless the institution proves it took to the Commonwealth. reasonable steps to prevent the abuse. The onus’ should ‘reverse be imposed on all institutions, including those institutions in respect of which we do not recommend a non-delegable duty be imposed. 92 For the purposes of both the non-delegable duty and the Noted This recommendation is a matter for state and imposition of liability with a reverse onus of proof, the persons territory governments. associated with the institution should include the institution’s The Australian Government is assessing whether officers, office holders, employees, agents, volunteers and relevant state and territory law applies effectively contractors. For religious organisations, persons associated with to the Commonwealth. the institution also include religious leaders, officers and personnel of the religious organisation. State and territory governments should ensure that the This recommendation is a matter for state and 93 duty and the imposition of liability with a reverse onus territory governments. of proof apply prospectively and not retrospectively.
91 Irrespective of whether state and territory parliaments legislate to impose a non-delegable duty upon institutions, state and territory governments should introduce legislation to make institutions liable for institutional child sexual abuse by persons associated with the institution unless the institution proves it took reasonable steps to prevent the abuse. The ‘reverse onus’ should be imposed on all institutions, including those institutions in respect of which we do not recommend a non-delegable duty be imposed. Noted This recommendation is a matter for state and territory governments. The Australian Government is assessing whether relevant and territory law applies effectively to the Commonwealth. 92 For the purposes of both the non-delegable duty and the imposition of liability with a reverse onus of proof, the persons associated with the institution should include the institution’s officers, office holders, employees, agents, volunteers and contractors. For religious organisations, persons associated with the institution also include religious leaders, officers and personnel of the religious organisation. Noted This recommendation is a matter for state and territory governments. The Australian Government is assessing whether relevant state and territory law applies effectively to the Commonwealth. 93 State and territory governments should ensure that the duty and the imposition of liability with a reverse onus of proof apply prospectively and not retrospectively. This recommendation is a matter for state and territory governments.
part-four-response.docx