Wrongs Act 1958

An institution is vicariously liable for the abuse of a child by an employee of the institution or an individual akin to an employee of the institution if—

the apparent performance by the employee or individual akin to an employee of a role in which the institution placed that employee or individual supplies the occasion for the abuse of the child by that employee or individual; and

the employee or individual akin to an employee takes advantage of, or uses, that occasion to abuse the child.

Without limiting any matter to which a court may have regard, in determining whether an individual is akin to an employee, a court may consider the following—

whether the individual—

carries out activities as an integral part of the activities carried on by the institution; and

does so for the benefit of the institution;

the extent of the institution's control over the individual in the carrying out of the individual's activities.

Despite subsection (2), an independent contractor is not an individual akin to an employee of an institution.

Without limiting any matter to which a court may have regard, in determining whether an institution placed the employee or individual akin to an employee in a role that supplies the occasion for the abuse of the child by that employee or individual, the court may have regard to whether the institution placed that employee or individual in a position or role in which that employee or individual has—

authority, power or control over the child; or

the trust of the child; or

the ability to achieve intimacy with the child.

Nothing in this section limits any other matter to which a court may have regard.