Document ID: chunk:federal_register_of_legislation:F2025C00180:reg:11
Version: federal_register_of_legislation:F2025C00180
Segment Type: reg
Provision Reference: reg 11
Character Range: 22068–24042

11  Institution ordered by court to pay compensation or damages is not responsible
 (1) For the purposes of subsection 15(6) of the Act, this section applies if:
 (a) a court makes an order (except a consent order) that an institution (the defendant institution) pay compensation or damages for abuse of a person to the person or a group that includes the person; and
 (b) the order is not set aside on appeal; and
 (c) if the order is that the defendant institution pay the group—the person does not choose not to accept the person's share of the payment to the group.

Defendant institution is not responsible for abuse
 (2) The defendant institution is not responsible, primarily responsible or equally responsible for the abuse.
Note: Although the defendant institution is not responsible, and therefore not liable under the Act, for the abuse of the person, it is treated as if it were responsible for the abuse for the purposes of working out other institutions' liabilities associated with redress for the person: see section 29.

Effect on responsibility of other institutions
 (3) If:
 (a) the defendant institution and one or more other institutions are approximately equally responsible for the abuser having contact with the person; and
 (b) apart from subsection (2) the defendant institution would have been primarily responsible for the abuse;
none of the other institutions is equally responsible (or primarily responsible or responsible) for the abuse.

Relationship with other provisions
 (4) If the defendant institution is described in an item of the following table, the section described in that item does not apply to the abuse of the person.
Sections that do not apply in relation to the abuse of the person
                                                                   If the defendant institution is:                                                                          This section does not apply in relation to the abuse of the person: