Child Abuse Claims: Rules Change Will Put Responsibility on Organisations

By Linda Silmalis
Sunday Telegraph
July 22, 2017

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LINDA SILMALIS, chief reporter, The Sunday Telegraph

ORGANISATIONS responsible for children would no longer be able to sidestep child abuse claims by shifting blame on to individuals under major changes being considered by the state government.

The introduction of “non-delegable” duty of care would apply to religious organisations, out-of-home care facilities, juvenile detention centres, day and boarding schools, early childhood education, long daycare, family daycare, outside school hours services and preschool programs.

The institutions would be ­liable for the actions of “everyone” associated with them.

The onus of proof for child abuse claims would also be ­reversed, with liability hinging on an institution proving that it took “reasonable steps” to prevent the crimes.

And churches and other religious bodies with members ­accused of child abuse would no longer be able to avoid being sued as a result of being an “unincorporated association”