Civil Liability QLD

Civil Liability Act and Child Abuse QLD

Do your policies, processes, and training evidence the requirements?

These changes apply to institutions providing services, programs or activities to children and young people such as schools, church groups, early learning centres, sporting groups, clubs etc.

Where abuse includes sexual abuse and serious physical abuse of the child or the psychological abuse of a child perpetrated in connection with sexual abuse or physical abuse.

The duty of the institution is to

‘take all reasonable steps to prevent the abuse of a child by a person associated with the institution while the child is under the care, supervision, control or authority of the institution.’

Civil Liability Act 2003 (QLD)

Failure to take reasonable steps to prevent the abuse represents a breach of responsibility by the institution.

This legislation is designed to assist a person wishing to pursue a civil damages claim when they have been harmed in your organisation.

What can you do?

Does your institution have –

  • Mandatory annual training re child protection, inappropriate/appropriate conduct and grooming.
  • Written and applied screening including –
    • Reference checks
    • Blue Card (if legislatively required)
    • Interview with a child protection focused question
    • Association checks where appropriate eg QCT
  • Volunteer management strategy – a planned method to recruit, select, induct and supervise all volunteers providing services to children or employed in a child related business (employed includes paid and volunteer under the QLD WWC legislation.)
  • Mandatory induction of new employees and volunteers including –
    • Child protection requirements for responding and reporting
    • Code of Conduct
    • Grooming
  • Whistle blower policy and processes – easily accessed
  • A way for children or adults to anonymously report concerns, such as Stymie.
  • A current Child and Youth Risk Management Strategy with evidence of annual reviews.
  • Evidence of 100% compliance with all training and screening requirements

We do all of this and more. Contact us for assistance and advice.