236QMisconduct offence

#### 236Q Misconduct offence 236Q Misconduct offence > > (1) A correctional employee is guilty of an offence if the correctional employee engages in— > > > > > (a) sexual conduct or > > > > > (b) an intimate relationship with an inmate. > > > > Maximum penalty—20 penalty units or imprisonment for 2 years, or both. > > > (1A) A correctional employee who is in a pre-existing relationship as a couple with an inmate is guilty of an offence if the correctional employee— > > > > > (a) engages in sexual conduct with the inmate, or > > > > > (b) continues to engage in an intimate relationship with the inmate and the relationship— > > > > > > > (i) causes a risk or potential risk to the safety or security of a correctional centre or correctional complex or to good order and discipline within a correctional centre or correctional complex, or > > > > > > > (ii) compromises the proper administration of a sentence. > > > > Maximum penalty—20 penalty units or imprisonment for 2 years, or both. > > > (1B) A correctional employee, other than an employee referred to in subsection (2), is guilty of an offence if— > > > > > (a) the correctional employee and another person engage— > > > > > > > (i) in sexual conduct, or > > > > > > > (ii) an intimate relationship, and > > > > > (b) the other person is subject to a community-based order, and > > > > > (c) the conduct or relationship compromises the proper administration of a community-based order. > > > > Maximum penalty—20 penalty units or imprisonment for 2 years, or both. > > > (1C) It is not relevant for the purposes of subsection (1B) whether or not the correctional employee is in a pre-existing relationship as a couple with the other person. > > > (2) It is not an offence under this section if a correctional employee did not know, while the employee engaged in sexual conduct or an intimate relationship with a person subject to a community-based order, that the other person was subject to the order. > > > (3) Proceedings for an offence against this section must be commenced not later than 2 years after the date the offence is alleged to have been committed. > > **s 236Q:** Ins 2018 No 74, Sch 1 \[2\]. Am 2025 No 6, Sch 1\[80\]–\[82\]; 2025 No 62, Sch 7\[1\].