Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 272 - Child sex offences outside Australia  

Subdivision A - Preliminary  

SECTION 272.3   Meaning of position of trust or authority  

(1)  
For the purposes of this Code, a person is in a position of trust or authority in relation to another person if:


(a) the person is the other person ' s parent, step-parent, or grandparent; or


(b) the person is the other person ' s foster parent, guardian or carer; or


(c) the person is a teacher engaged in the education of the other person; or


(d) the person is a religious official or spiritual leader (however described) providing pastoral care or religious instruction to the other person; or


(e) the person is the other person ' s sports coach; or


(f) the person is a medical practitioner, nurse, psychologist, other health professional (however described), counsellor or social worker providing professional services to the other person; or


(g) the person is a member of a police force or police service, or a person employed or providing services in a correctional institution (however described), performing duties in relation to the other person; or


(h) the person:


(i) is an employer of the other person; or

(ii) has the authority to determine significant aspects of the other person ' s terms and conditions of employment; or

(iii) has the authority to terminate the other person ' s employment (whether the other person is being paid in respect of that employment or is working in a voluntary capacity).

(2)  
Without limiting who is a grandparent of a person for the purposes of this section, a person (the first person ) is the grandparent of another person if the first person is a parent or step-parent of a parent or step-parent of the other person.

(3)  
(Repealed by No 127 of 2010)




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