(1) Meaning of "person responsible for care" For the purposes of this section,
a person is responsible for the care of a person who has a
cognitive impairment if the person provides care to that person--
(b) at the home of that person in the course of a program under
which any such facility or other government or community organisation provides
care to persons with a cognitive impairment.
The care of a person with a
cognitive impairment includes voluntary care, health professional care,
education, home care and supervision.
(7) Defences It is a defence to a charge
for an offence under subsection (2) or (3) (or under section 344A in
connection with such an offence) or an offence referred to in subsection (6)
in which the prosecution relies on the operation of that subsection--
(a) if,
at the time of the conduct constituting the offence--
(ii) the accused was married to the person to whom the charge relates or was
the de facto partner of that person, or
(b) if the act constituting the
offence was carried out for any proper medical or hygienic purpose.
(8)
Approval of Attorney General for prosecution A prosecution for any of the
following offences may not be commenced without the approval of the Attorney
General--
(a) an offence under subsection (2) or (3) (or under section 344A in
connection with such an offence),
(b) an offence referred to in subsection
(6) in which the prosecution relies on the operation of that subsection.