WRONGS ACT 1958 - SECT 88 Definitions

WRONGS ACT 1958 - SECT 88

In this Part—

"abuse" means physical abuse or sexual abuse;

"authority", in relation to a relevant organisation, includes any authority or ostensible authority that an individual associated with the relevant organisation derives from the individual's association with the relevant organisation;

"child" means a person who is under the age of 18 years;

"delegation" includes sub-delegation;

individual associated with a relevant organisation has the meaning given in section 90;

"permanent care order" has the same meaning as in the Children, Youth and Families Act 2005 ;

"physical abuse" does not include an act or omission committed in circumstances that constitute—

        (a)     a lawful justification or excuse to the tort of battery; or

        (b)     any other lawful exercise of force;

S. 88 def. of relevant organisation amended by No. 18/2018 s. 19.

"relevant organisation" means an entity (other than the State) organised for some end, purpose or work that exercises care, supervision or authority over children, whether as part of its primary functions or activities or otherwise, and is—

        (a)     capable in law of being sued; or

        (b)     not capable in law of being sued but nominates an associated legal person under section 92; or

        (ba)     an NGO within the meaning of the  Legal Identity of Defendants (Organisational Child Abuse) Act 2018 which is capable of being sued in accordance with that Act; or

        (c)     the holder of a statutory office within the meaning of the Public Administration Act 2004 ; or

        (d)     a Department or Administrative Office within the meaning of the Public Administration Act 2004 ; or

        (e)     a body corporate established for public purposes; or

        (f)     Victoria Police;

"sexual abuse" means sexual assault or other sexual misconduct;

"specified carer "means—

        (a)     a foster carer of a child; or

S. 89

inserted by No. 12/2017 s. 3.

        (b)     an individual who is a family member of, or other person of significance to, a child with whom the child is currently placed in out of home care under the Children, Youth and Families Act 2005 .