Kayla Powell claims AIS 'crushed' her dreams by failing to stop alleged sexual abuse by supervisor

In a statement of claim filed with the ACT Supreme Court, lawyers for Kayla Dee Powell, 24, say she was a high-performance para-athlete who was contracted to train at the institute at the time in question.

Ms Powell also worked part-time as a pool lifeguard at the institute, where she was supervised by the man she accuses of sexually and physically abusing her on four occasions in early 2020.

Her claim, filed by Shine Lawyers, alleges two of the incidents involved the man sexually and physically abusing Ms Powell in his car while it was parked outside the commission, which controls the institute.

In the third alleged episode of abuse, Ms Powell claims the man physically restrained and raped her in the institute's gymnasium while she was performing her "lock-up" duties.

The final alleged incident is said to have involved the man shoving heavy water polo goals into Ms Powell's abdomen, "deliberately and without warning", while they were performing a two-person lift.

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Ms Powell, who has been diagnosed with cerebral palsy, claims to have suffered damage, injury and loss as a result of the alleged abuse.

She is now seeking damages by launching legal action against the commission, which she says owed her a duty to protect her from abuse and refrain from placing her in situations where she would be abused.

Shine Lawyers says the commission knew, or ought to have known, throughout the period in question that Ms Powell was at risk of being sexually or physically abused.

The firm claims the commission did not take any precautions to protect Ms Powell against this risk, alleging she was "in a position of extreme vulnerability" while under the authority of the man who allegedly abused her.

"The abuse of the plaintiff occurred in the course of [the supervisor's] employment with the [commission] at the AIS," the statement of claim alleges.

"In the circumstances, the [commission] is vicariously liable."

Ms Powell's solicitor, Thomas Wallace-Pannell, said it would be argued that when the commission was made aware of the alleged abuse, it continued to roster her on for work with the man she accuses of rape.

"We allege the institution charged with helping her live her dreams ended up crushing them, and that the [commission], as the governing body of the [institute], failed in its duty of care to protect our client from her abuser."

Shine Lawyers believes the case, which is next due in court in July, is one of the first of its kind.

The commission declined to comment on the case.

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