Unlawful sexual contact or inappropriate sexual conduct

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?

If there is an incident, allegation or suspicion of unlawful sexual contact you must immediately report the incident to the police.

There are ‘reasonable grounds’ to report an incident to the police if you believe (or it is alleged or suspected) that an incident may be of a criminal nature.
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 Aged Care Quality and Safety Commission within 24 hours of you becoming aware of the incident.

You must report the incident through the My Aged Care Provider Portal.

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 that occurred on or after 1 October 2021 must be reported to the Aged Care Quality and Safety Commission within 30 days of you becoming aware of the incident. 

You must report the incident through the My Aged Care Provider Portal.

Go to My Aged Care Provider Portal

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Changed
Thursday, 7 October 2021 - 3:29pm