Unlawful sexual contact or inappropriate sexual conduct

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.

Note:

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.

Note

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.

Was the incident sexual contact or conduct between two consumers?
The SIRS – Guidelines for residential aged care providers contains information to assist providers with understanding capacity to consent.
Did both consumers have the capacity to consent to sexual relationships and/or activities?
Did both consumers consent to the sexual contact or conduct at the time of the incident?
Was there sexual contact or conduct between a volunteer and a consumer (or was this alleged or suspected)?
Did the contact or conduct happen while the volunteer was on duty or providing care or services for the provider?
Was there sexual contact or conduct between a staff member (or any other person who provides care or services for the provider) and a consumer (or was this alleged or suspected)?
Was there touching of the consumer’s genital area, anal area or breast in a way that was not necessary to provide care (or was this alleged or suspected)?
Was there any sexual contact without the consumer’s consent including where the consumer was not able to give consent (or was this alleged or suspected)?
Was there conduct of a sexual nature without consent, including any acts of indecency, sharing of intimate images (including of the consumer), or other inappropriate sexual conduct (or was this alleged or suspected)?
Was there unlawful sexual contact between a consumer and any other person (or was this alleged or suspected)?
Was there grooming or coercion of the consumer for sexual purposes (or was this alleged or suspected)?
Are there reasonable grounds to report the incident to the police?

The phrase ‘reasonable grounds’ may include scenarios where you are aware of facts or circumstances (alleged or known) that lead to a belief that an incident is likely to be of a criminal nature and therefore should be reported to police (e.g. if you as the approved provider suspects the incident involves an indecent assault, or if there is an ongoing danger). If you become aware of reasonable grounds at a later time, you must notify the police within 24 hours of becoming aware of those grounds.

Where an incident, allegation or suspicion involves unlawful sexual contact, this must be reported to police immediately.

If you are in any doubt about whether an incident is of a criminal nature, make a report to the police. Police are the appropriate authorities to investigate and identify whether an incident may involve criminal conduct.
Did the incident cause (or could it reasonably have been expected to have caused) a consumer discomfort or physical or psychological injury that requires medical treatment to resolve?
Did the incident cause (or could it reasonably have been expected to have caused) a consumer discomfort or physical or psychological injury that requires psychological treatment to resolve?

Not reportable

Based on the information you have provided it appears that this is not a reportable incident under the SIRS.

Consumers have the right to make choices about their personal and social life, including the right to sexual freedom and to give and receive affection. Under the Quality Standards, you are required to support consumers to exercise choice and independence, including to make connections with others and maintain relationships of choice, including intimate relationships. These rights and freedoms apply equally to consumers with a mental or cognitive impairment.

For more information please see our Unlawful sexual contact or inappropriate sexual conduct fact sheet.

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Priority 1 reportable incident

Based on the information you have provided it appears that this incident is an Unlawful sexual contact or inappropriate sexual conduct – Priority 1 reportable incident.

Priority 1 reportable incidents must be reported to the Commission through the My Aged Care Provider Portal within 24 hours of you becoming aware of the incident.

Remember where an incident, allegation or suspicion involves unlawful sexual contact, this must be reported to police immediately.

What do I do next?

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.

 

Go to My Aged Care Provider Portal

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Priority 2 reportable incident

Based on the information you have provided it appears that this incident is an Unlawful sexual contact or inappropriate sexual conduct – Priority 2 reportable incident.

Priority 2 reportable incidents must be reported to the Commission through the My Aged Care Provider Portal within 30 days of you becoming aware of the incident.

Remember, if this incident involves unlawful sexual contact, it is a Priority 1 reportable incident and must be reported to the Commission within 24 hours of becoming aware through the My Aged Care Provider Portal. Where an incident, allegation or suspicion involves unlawful sexual contact, this must be reported to police immediately.

Note:

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.

 

Go to My Aged Care Provider Portal

Return to start

Changed
Monday, 2 May 2022 - 4:14pm
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