Victorian Numbered Acts Victorian Numbered Acts(1) Insert the following heading to section 52 of the Crimes Act 1958 —
"Sexual offences against persons with a cognitive impairment by providers of special programs" .
(2) For section 52(1) of the Crimes Act 1958 substitute —
"(1) A worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who—
(a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and
(b) is not his or her spouse or domestic partner.
Penalty: Level 5 imprisonment (10 years maximum).".
(3) For section 52(2) of the Crimes Act 1958 substitute —
"(2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who—
(a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and
(b) is not his or her spouse or domestic partner.
Penalty: Level 6 imprisonment (5 years maximum).".
(4) In section 52(3) of the Crimes Act 1958 —
(a) after "unless" insert "the accused satisfies the court on the balance of probabilities that";
(b) for "de facto spouse of the resident" substitute "domestic partner of the person residing at or attending the facility".
(5) After section 52(3) of the Crimes Act 1958 insert —
"(4) If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent.".