Crimes Act 1958

A person (A) commits an offence if—

another person (B) engages in an activity; and

the activity is sexual; and

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

A intentionally causes or allows C to be present when B engages in the activity; and

C has a cognitive impairment or mental illness; and

A—

provides treatment or support services to C; or

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

A's causing or allowing C to be present when B engages in the activity 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 causing or allowing C to be present when B engages in the activity 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 B engaging in the activity or from the presence of C;

the circumstances do not include—

whether C consents—

to being present when B engages in the activity; or

to B engaging in the activity; or

whether A believes that C consents—

to being present when B engages in the activity; or

to B engaging in the activity.