Crimes Act 1958

A person (A) commits an offence if—

A intentionally engages in an activity; and

the activity is sexual; and

another person (B) is present when A engages in the activity; and

A knows that B is, or probably is, present when A engages in the activity; and

B has a cognitive impairment or mental illness; and

A—

provides treatment or support services to B; or

is a worker for a service provider that provides treatment or support services to B; and

engaging in the activity in the presence of B is contrary to community standards of acceptable conduct.

A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

Whether or not engaging in the activity in the presence of B is contrary to community standards of acceptable conduct depends on the circumstances.

For the purposes of subsection (3)—

the circumstances include—

the purpose of the activity; and

whether A seeks or gets sexual arousal or sexual gratification from engaging in the activity or from the presence of B;

the circumstances do not include—

whether B consents—

to being present when A engages in the activity; or

to A engaging in the activity; or

whether A believes that B consents—

to being present when A engages in the activity; or

to A engaging in the activity.