Crimes Act 1958

S. 52I inserted by No. 47/2016 s. 16.

It is a defence to a charge for an offence against a provision of this Subdivision for A to prove on the balance of probabilities that, at the time of the conduct constituting the offence, A reasonably believed that the person who has a cognitive impairment or mental illness did not have a cognitive impairment or mental illness.

Note

The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.

S. 52J inserted by No. 47/2016 s. 16.

52J Defence—reasonable belief the service provider does not provide treatment or support services to the person with a cognitive impairment or mental illness

If A is a worker for a service provider, it is a defence to a charge for an offence against a provision of this Subdivision for A to prove on the balance of probabilities that, at the time of the conduct constituting the offence, A reasonably believed that the service provider was not providing treatment or support services to the person who has a cognitive impairment or mental illness.

Notes

1 The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.

2 The prosecution is required to prove that A is a worker for a service provider—see sections 52B, 52C, 52D and 52E.