The ACT Supreme Court has recognised that an institution can, in specific circumstances, owe a duty of care to take steps to protect the safety of intoxicated persons, including from the risk of criminal acts by a third party. In this case, a university college was found liable for the sexual assault of a resident by another resident that took place outside the college, after it ejected a number of intoxicated residents from a party. The college was also found liable for how it conducted its investigation.

In this article, Greg Carruthers-Smith and Patrick Thompson explain why this decision is important for underwriters of institutions that have a ‘pastoral role’.