Victorian Consolidated Legislation

Crimes Act 1958 - SECT 50

Definitions

50. Definitions



(1) In this Subdivision-

cognitive impairment includes impairment because of mental illness,
intellectual disability, dementia or brain injury;

facility means a service operated by any person or body (government or
non-government) that provides programs specially designed to meet the
developmental or educational needs of persons with a cognitive impairment and
includes a residential facility;

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indecent act does not include an act done in the course of an appropriate and
generally accepted medical, therapeutic or hygienic procedure;

intellectual disability has the same meaning as in the Disability Act 2006;



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residential facility means-

   (a)  an approved mental health service as defined in section 3 of the
        Mental Health Act 1986; or

   (b)  premises operated by any person or body (government or non-government)
        wholly or substantially for the purpose of providing residential
        services to intellectually disabled people; 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 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 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 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.