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Under Section 52 of the Crimes Act 1958, a worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who is residing at the facility (or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment) and is not his or her spouse or domestic partner.

A person found guilty of this offence is liable to imprisonment for 10 years

A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who is residing at the facility (or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment) and is not his or her spouse or domestic partner.

A person found guilty of this offence is liable to imprisonment for 5 years

Consent is not a defence to a charge under this section unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the person residing at or attending the facility.

If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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