Liability for damage to property caused by children
29A Liability for damage to property caused by children
(1) In this section, child means a person who has not attained the age of 18 years.
(2) Where, after the commencement of this section, a child intentionally causes damage to property, a parent of the child is, subject to this section, jointly and severally liable with the child for the damage caused to the property where, at the time the damage was caused, the child was:
ordinarily resident with that parent; and
not in full time employment.
(3) Where, after the commencement of this section, a detainee, within the meaning of the Youth Justice Act 2005, intentionally causes damage to property, the Territory is, subject to this section, jointly and severally liable with the detainee for the damage caused to the property.
(4) The maximum amount that may be recovered from any parent or parents under subsection (2) (whether sued individually or jointly) or the Territory under subsection (3) is $5,000 in respect of damage caused by a child or detainee referred to in those subsections, as the case may be.
Nothing in this section shall be construed as:
(a) affecting or limiting a cause of action which may otherwise lie in or in relation to damage caused to property by a child or detainee; or
(b) imposing liability on a parent under subsection (2) in respect of damage caused by a detainee referred to in subsection (3).
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