CIVIL LIABILITY ACT 2003 - SECT 33F
Liability of incorporated institution that was unincorporated at time of abuse
CIVIL LIABILITY ACT 2003 - SECT 33F
Liability of incorporated institution that was unincorporated at time of abuse
33F Liability of incorporated institution that was unincorporated at time of
abuse
(1) This section applies if—
(a) a person (the
"claimant" ) suffered abuse as a child by a person associated with an
institution (the
"associated person" ) while the claimant was under the care, supervision,
control or authority of the institution; and
(e) the claimant is able to maintain an action on the cause of action, or
would be able to maintain an action on the cause of action if the
former office holder still held the relevant office.
(2) A proceeding for the
claimant’s cause of action may be started or continued against the
institution.
(3) The following apply for the purpose of a proceeding started
or continued under subsection (2) —
(a) any liability that the
former office holder has or would have had in relation to the cause of action
is taken to be a liability of the institution;
(e) any right
of the former office holder to be indemnified (including under an insurance
policy) in respect of damages awarded in an abuse claim extends to, and
indemnifies, the institution.