Criminal Code Act 1995

For the purposes of this Code, a person is in a position of trust or authority in relation to another person if:

the person is the other person’s parent, step‑parent, or grandparent; or

the person is the other person’s foster parent, guardian or carer; or

the person is a teacher engaged in the education of the other person; or

the person is a religious official or spiritual leader (however described) providing pastoral care or religious instruction to the other person; or

the person is the other person’s sports coach; or

the person is a medical practitioner, nurse, psychologist, other health professional (however described), counsellor or social worker providing professional services to the other person; or

the person is a member of a police force or police service, or a person employed or providing services in a correctional institution (however described), performing duties in relation to the other person; or

the person:

is an employer of the other person; or

has the authority to determine significant aspects of the other person’s terms and conditions of employment; or

has the authority to terminate the other person’s employment (whether the other person is being paid in respect of that employment or is working in a voluntary capacity).

Without limiting who is a grandparent of a person for the purposes of this section, a person (the first person) is the grandparent of another person if the first person is a parent or step‑parent of a parent or step‑parent of the other person.