Austlii (Supreme Court of South Australia) The father, the appellant, was accused of sexually abusing his three children. He sued for damages alleging negligence on the part of the medical practitioners who examined the children for signs of sexual abuse and on the part of the Department of Community Welfare who requested that police investigations be carried out and who took steps to ensure children were not returned to the care of the appellant – appellant’s relationship with his children significantly impaired – appellant conceded that previous decision of this Court in Hillman v Black could not be distinguished – Master considered himself bound by Hillman v Black and struck out claim as disclosing no cause of action. Whether recent High Court decisions dealing with the approach to be taken to duty of care require a reconsideration of Hillman v Black – whether duty of care was owed to appellant by medical practitioners and/or Department of Community Welfare when investigating and reporting the claims of sexual abuse. Gray J ‘Devastating consequences can follow an incorrect finding that a child has been sexually abused. Those consequences flow not only to the person against whom the findings are made, but also to the child and the family.’
Judges:
Gray J
Citations:
[2000] SASC 223
Links:
Jurisdiction:
Australia
Cited by:
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Negligence, Health Professions
Updated: 22 November 2022; Ref: scu.224409