Unlawful sexual contact or inappropriate sexual conduct includes:
- any contact or conduct of a sexual nature towards a consumer by a staff member or volunteer on duty, regardless of whether the consumer consented
- any touching of the consumer’s genital area, anal area or breast by a staff member or volunteer on duty where this is not necessary to provide care or services to the consumer, regardless of whether the consumer consented to the touching
- any non-consensual contact or conduct of a sexual nature by any person, including but not limited to sexual assault, an act of indecency or sharing of an intimate image of the consumer
- any conduct toward the consumer with the intention of making it easier to influence the consumer to engage in sexual contact or conduct.
Where an incident involves actual, suspected or alleged unlawful sexual contact, this must be reported to the police immediately. If in doubt contact the police. You must take action to ensure appropriate support is provided to the consumer and their family and make a Priority 1 notification to the Commission within 24 hours.
It is your responsibility to initiate a timely response to every serious incident regardless of whether the incident is categorised as Priority 1 or 2. The timeframe for reporting a serious incident to the Commission is separate from and in no way modifies your obligation to respond speedily to all serious incidents.