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Duty of Care and the Investigation of Child Sexual Abuse–the Ultimate Australian Solution.

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dc.contributor.author Bates, F.
dc.date.accessioned 2014-05-09T18:35:43Z
dc.date.available 2014-05-09T18:35:43Z
dc.date.issued 2013
dc.identifier.citation Bates, F. (2013). Duty of Care and the Investigation of Child Sexual Abuse–the Ultimate Australian Solution. Newcastle Law Review, 6(1). en_US
dc.identifier.uri http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2321448_code581861.pdf?abstractid=2321448&mirid=1
dc.identifier.uri http://hdl.handle.net/11212/1384
dc.description.abstract It is so well established as really not to need detailed documentation that the fact-finding process as it applies to allegations of child sexual abuse has been somewhat confused, at least insofar as it has been interpreted by the High Court of Australia. As is, by now, notorious, that court in M v. M (1988) 166 CLR 69 at 75 devised the test of "unacceptable risk" in such cases without specifying the nature of unacceptability and, indeed, of risk. Unfortunately the general solution has not been clarified or illuminated by the recent decision of that Court in Sullivan v. Moody; Thompson v. Connon (2001) 183 ALR 404, which concerns the existence of a duty of care resulting from investigations into allegations of sexual abuse. Sullivan v Moody involved appeals to the High Court of Australia from two decisions of the Full Court of the Supreme Court of South Australia in Hillman v. Black (1996) 67 SASR 490 and CLT v. Conno (2000) 77 SASR 449. en_US
dc.publisher Newcastle Law Review en_US
dc.subject International Resources en_US
dc.subject Australia en_US
dc.subject duty of care en_US
dc.subject child sexual abuse en_US
dc.subject legal cases en_US
dc.subject risk factors en_US
dc.title Duty of Care and the Investigation of Child Sexual Abuse–the Ultimate Australian Solution. en_US
dc.type Article en_US


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