Understanding vicarious liability in NSW and your rights to compensation
When someone in a position of power, such as a police officer, teacher, or public servant, commits a serious act of abuse, the survivor is often left wondering not only how such a thing could happen, but who is legally responsible. In many cases, the employer of the abuser can be held accountable. This is known as vicarious liability, and it plays a crucial role in civil compensation claims involving institutions and government bodies.
Read our other successful Civil Law Case Studies for Sexual Abuse.
What Is Vicarious Liability?
Vicarious liability is a legal principle that makes an employer responsible for certain wrongful acts committed by their employees during the course of their employment. In abuse cases, this may mean that a school, government agency, or police department can be held liable if the abuse was so closely connected with the employee’s role that their employment materially increased the risk of it occurring.
Courts consider whether the employment relationship placed the abuser in a position of authority, power, or trust that facilitated the wrongdoing. Merely giving the abuser an opportunity to commit the act is not enough. Therefore, the wrongful conduct must be sufficiently linked to the nature of their job.
Example: Compensation for Police Abuse
A recent case run by our civil law team involved a client, Sally*, who was abused by a serving NSW police officer when she was just a teenager. The officer, “David,” was later convicted of multiple serious offences and sentenced to imprisonment. Our firm successfully argued that the State of NSW should be held vicariously liable for his actions, as the abuse was made possible by his role as a police officer.
He used police vehicles, police facilities, and his authority as an officer to gain access to Sally and commit the abuse. Despite legal challenges, such as the argument that David’s actions were outside the scope of his employment, we achieved a confidential settlement in our client’s favour.
Read the full Case Study here.
Common Scenarios Where Vicarious Liability May Apply
Vicarious liability can arise in a range of situations, especially where abuse is connected to positions of trust or authority, such as:
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Police misconduct or abuse of power
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Institutional abuse in schools, foster care, or detention
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Misconduct by medical professionals working in public hospitals
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Public servants interacting with vulnerable individuals
Each case depends on its particular facts, but the key question is whether the abuser’s employment played a central and enabling role in the wrongdoing.
You Have the Right to Seek Justice Against the State
If you’ve experienced abuse from someone in a position of power, especially a government employee, you may be able to hold the State or organisation accountable. These cases are legally complex and emotionally challenging, but you don’t have to face them alone.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. You can also make an appointment with our civil litigation team in Sydney for confidential legal advice.
Legal Representation for Suing State for Sexual Abuse
If you have suffered sexual abuse and the guilty person works for the state, you may be eligible for compensation. We are expert civil lawyers in taking actions against the state for historical sexual abuse. Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
Email
Or enquire online for a confidential consultation.
*We always change details in our case studies to protect client confidentiality.
