52IDefence—reasonable belief a person does not have a cognitive impairment or mental illness

52I Defence—reasonable belief a person does not have a cognitive impairment or mental illness

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.

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.

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.

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

52K No defence of mistaken but honest and reasonable belief of certain matters

(1) It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—

(a) for an offence against section 52B(1), 52C(1) or 52D(1)—A did not provide treatment or support services to B or was not a worker for a service provider; or

(b) for an offence against section 52E(1)—A did not provide treatment or support services to C or was not a worker for a service provider.

(2) It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—

(a) for an offence against section 52C(1)—the touching was not—

(i) sexual; or

(ii) contrary to community standards of acceptable conduct; or

(b) for an offence against section 52D(1)—

(ii) engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or

(c) for an offence against section 52E(1)—

(ii) A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct.