124APenetrative sexual abuse of child or young person by person in position of authority

124A Penetrative sexual abuse of child or young person by person in position of authority

[Section 124A Amended by No. 2 of 2023, s. 13, Applied:20 Apr 2023]

(1)  In this section –

child means a person under the age of 18 years;

parent, of a child, includes –

(a) a step-parent, surrogate parent, adoptive parent, foster parent and guardian of the child; and

(b) any other person who has parental responsibility for the child;

person in a position of authority, in relation to a child, includes the following persons:

(a) a person who is a teacher, if the child is a pupil of the teacher or a pupil at the educational institution at which the teacher works;

(b) a parent of the child or a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with a parent of the child;

(c) a person who provides religious, sporting, musical or other instruction to the child;

(d) a person who is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child;

(e) a health professional or social worker providing professional services to the child;

(f) a person who is responsible for the care of the child if that child has a cognitive impairment;

(g) a person employed or providing services in a prison, within the meaning of the Corrections Act 1997 , or a detention centre, within the meaning of the Youth Justice Act 1997 , or a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child;

(h) a person employed or providing services in a child care service, within the meaning of the , or a person engaged in the administration of that Act, acting in the course of the person's duties in relation to the child;