NSW reforms organisational liability for child abuse

The New South Wales Government has introduced a series of changes to the Civil Liability Act 2002 (NSW) which in part codifies the liabilities of organisations that are responsible for children and creates new liabilities in circumstances where a child in the care of an organisation is sexually abused. The most significant change is a reversal of the “onus of proof” in the duty of care owed to children which comes as part of the New South Wales Government’s commitment to adopt the recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse. Similar changes have already been made in Victoria and Queensland.

The Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2018 (NSW) passed reforms on 17 October 2018 and saw the adoption of the Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018 (NSW) (the Act) which inserts a new Pt 1B into the Civil Liability Act.