means a person who delivers, or assists in worker S. 50(1) def. of delivering, at a facility (whether as an worker substituted by employee or as a volunteer or in any other Nos 2/2006 capacity)— s. 15(c), 49/2010 (a) a program specially designed to meet s. 227(b). the developmental or educational needs of persons with a cognitive impairment residing at the facility or attending the facility to take part in the program; or (b) other services to residents at a residential facility— 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. 51 Sexual offences against persons with a cognitive S. 51 substituted by impairment by providers of medical or therapeutic No. 8/1991 services s. 3, 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).
S. 50(1) def. of worker substituted by Nos 2/2006 s. 15(c), 49/2010 s. 227(b). worker means a person who delivers, or assists in delivering, at a facility (whether as an employee or as a volunteer or in any other capacity)— (a) a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment residing at the facility or attending the facility to take part in the program; or (b) other services to residents at a residential facility— 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 (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).
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