Criminal Code Act 1899

An adult who has a child of or above the age of 16 under their care, supervision or authority and—

engages in penile intercourse with the child; or

penetrates the vulva, vagina or anus of the child to any extent with a thing or a part of the person’s body that is not a penis; or

penetrates the mouth of the child to any extent with the person’s penis;

commits a crime and is liable to imprisonment for 14 years.

An adult who has a child of or above the age of 16 under their care, supervision or authority and—

indecently deals with the child; or

procures the child to commit an indecent act; or

permits themself to be indecently dealt with by the child; or

wilfully exposes the child to an indecent act by the adult or any other person; or

without legitimate reason, wilfully exposes the child to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

without legitimate reason, takes any indecent photograph or, by means of any device, records any indecent visual image of the child;

commits a crime and is liable to imprisonment for 10 years.Examples of persons who might have a child under their care, supervision, or authority—

1 an employer, or other person with the authority to determine significant aspects of the child’s employment (whether the work is paid, unpaid, or voluntary)

2 a tutor, sports coach or music teacher

3 a religious or spiritual leader

4 a police officer who has dealt with a child in the exercise or performance of their duties or functions

Without limiting subsection (1) or (2), the following are taken to have a child under their care, supervision, or authority—

the child’s parent, grandparent, step-parent, or guardian;

the spouse of the child’s parent, grandparent, or guardian;

an approved carer of the child or the spouse of an approved carer of the child;

a teacher, principal or deputy principal at a school at which the child is a student;

a health practitioner if the child is their patient;

a person employed or providing services at a place where the child is in custody;

a person associated with a residential care service that provides accommodation where the child resides.

The following are defences to a charge of an offence against this section—

that the accused person believed, on reasonable grounds, that the child was at least 18 years;

that all of the following apply—

the accused is a person other than a person referred to in subsection (3);

the accused person is less than 3 years older than the child;

the act or omission that constitutes the offence did not, in the circumstances, constitute sexual exploitation of the child;

that the accused person and the child are lawfully married.

To remove any doubt, it is declared that it is not necessary for the prosecution to prove—

abuse of a position of authority; or

exercise of a position of authority; or

the acts constituting the offence were done without consent.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—approved carer means an approved foster carer, approved kinship carer, or provisionally approved carer for the purpose of the Child Protection Act 1999.associated, in relation to a residential care service, means—

owns, or is involved in the management or control of, the service; or

is employed or engaged by the service; or

works as a volunteer for the service.

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession, other than as a student.penetration, for subsection (1)(b), does not include penetration carried out for a proper medical, hygienic or law enforcement purpose.residential care service means a service whose main purpose is to provide accommodation to children who are in the custody, or under the guardianship, of the chief executive (child safety) under the Child Protection Act 1999. sch 1 pt 4 ch 22 s 210A ins 2024 No. 48 s 8