With thanks to Associate Professor Tina Cockburn for noting the Civil Liability and Other Legislation Amendment Act 2019 (QLD).
This Act amends the Civil Liability Act 2003 in response to a number of recommendations arising from the Royal Commission into Institutional Responses to Child Sex Abuse.
These amendments include a reverse onus of proof for an institution alleged to have failed to take reasonable steps to prevent sexual abuse of a child in its care, and provision for the nomination of a proper defendant by an unincorporated institution to meet liability incurred by that institution. The Act also introduces amendments to the Civil Proceedings Act 2011 to provide that a person under legal incapacity may recover the cost of trustee management fees in an award of damages for wrongful death of a member of the person’s family.
For those interested, the Act is here:
https://www.legislation.qld.gov.au/view/whole/html/asmade/act-2019-034
The original explanatory memorandum is here:
https://www.legislation.qld.gov.au/view/pdf/bill.first.exp/bill-2018-078
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