s. 51 but does not include a person with a cognitive impairment who also resides at the facility or attends the facility to take part in the program. (2) For the purposes of this Subdivision a person in S. 50(2) amended by respect of whom a statement has been issued by No. 23/2006 the Secretary to the Department of Human s. 236(2). Services that the person has an intellectual disability within the meaning of the Disability Act 2006 must be taken to be intellectually disabled. S. 51 51 Sexual offences against persons with a cognitive substituted by impairment by providers of medical or therapeutic No. 8/1991 s. 3, services amended by Nos 49/1991 (1) A person who provides medical or therapeutic s. 119(3) services to a person with a cognitive impairment (Sch. 3 items 8, 9), who is not his or her spouse or domestic partner 48/1997 must not take part in an act of sexual penetration s. 60(1)(Sch. 1 items 28, 29), with that person. substituted by No. 2/2006 Level 5 imprisonment (10 years s. 16. maximum). (2) A person who provides medical or therapeutic services to a person with a cognitive impairment who is not his or her spouse or domestic partner must not commit, or be in any way a party to the commission of, an indecent act with that person. Level 6 imprisonment (5 years maximum). (3) In a proceeding for an offence against subsection (1) or (2) in circumstances in which the services provided by the accused were related to the cognitive impairment of the other person, it is a defence to the charge for the accused to prove
but does not include a person with a cognitive impairment who also resides at the facility or attends the facility to take part in the program. S. 50(2) amended by No. 23/2006 s. 236(2). (2) For the purposes of this Subdivision a person in respect of whom a statement has been issued by the Secretary to the Department of Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006 must be taken to be intellectually disabled. S. 51 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 items 8, 9), 48/1997 s. 60(1)(Sch. 1 items 28, 29), substituted by No. 2/2006 s. 16. 51 Sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services s. 51 (1) A person who provides medical or therapeutic services to a person with a cognitive impairment who is not his or her spouse or domestic partner must not take part in an act of sexual penetration with that person. Level 5 imprisonment (10 years maximum). (2) A person who provides medical or therapeutic services to a person with a cognitive impairment who is not his or her spouse or domestic partner must not commit, or be in any way a party to the commission of, an indecent act with that person. Level 6 imprisonment (5 years maximum). (3) In a proceeding for an offence against subsection (1) or (2) in circumstances in which the services provided by the accused were related to the cognitive impairment of the other person, it is a defence to the charge for the accused to prove