5AAMeaning of “inappropriate conduct” in relation to child [NSW]

5AA Meaning of “inappropriate conduct” in relation to child [NSW]

5AA Meaning of “inappropriate conduct” in relation to child [NSW]

(1) In this Law, inappropriate conduct in relation to a child means conduct a reasonable person would consider to be inappropriate in an education and care service.

(2) In deciding whether a reasonable person would consider conduct inappropriate in an education and care service, the following must be considered—

(a) whether the conduct is expected practice in the provision of education and care services;

(b) the child’s age and stage of development;

(c) whether a child is likely to suffer emotional, psychological or physical harm as a result of the conduct;

(d) the purpose of the conduct, including whether the conduct, in the circumstances in which the conduct occurs, could be considered sexual or violent.

(3) In deciding whether conduct is inappropriate conduct in relation to a child, the following is irrelevant—

(a) whether the child consents to the conduct;

(b) whether the person engaging in the conduct believes the child consents to the conduct.

(4) A child may be subjected to conduct that is inappropriate conduct—

(a) in person, both directly and otherwise; or

Example—

conduct witnessed by a child

(b) by communication, including—

(i) verbal communication; and

(ii) electronic communication received in real or close to real time; or

(c) by electronic capture, including photography and recording; or

(d) through a pattern of behaviour.

Note—

This section is an additional NSW provision.

s 5AA: Ins 2025 No 68, Sch 1[6].