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.

Was the incident sexual contact or conduct between two consumers?

The SIRS provider guidelines on the Commission’s SIRS resources webpage contains information to assist providers with understanding capacity to consent.

Yes

Did both consumers have the capacity to consent to sexual relationships and/or activities?

Yes

Did both consumers consent to the sexual contact or conduct at the time of the incident?

Yes

Was there sexual contact or conduct between a volunteer and a consumer (or was this alleged or suspected)?

Yes

Did the contact or conduct happen while the volunteer was on duty or providing care or services for the provider?

Yes

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)?

Yes

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)?

Yes

Was there any sexual contact without the consumer’s consent (including where the consumer was not able to give consent)?

Yes

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)?

Yes

Was there unlawful sexual contact between a consumer and any other person (or was this alleged or suspected)?

Yes

Was there grooming or coercion of the consumer for sexual purposes (or was this alleged or suspected)?

Yes

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

All incidents involving Unlawful sexual contact or inappropriate sexual conduct are Priority 1 reportable incidents.

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 or conduct of a criminal nature, this must also 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.

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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Changed

Tuesday, 19 July 2022 - 1:55pm