South Australian Numbered Acts South Australian Numbered Acts7—Amendment of section 57—Consent no defence in certain cases
Section 57(4)—delete subsection (4) and substitute:
(4) For the purposes of subsection (1), a person is in "a position of authority in relation to a person under the age of 18 years (the "child") if—
(a) the person is a teacher and the child is a pupil of the teacher or of a school at which the teacher works; or
(b) the person is a parent, step-parent, guardian or foster parent of the child or the de facto partner or domestic partner of a parent, step-parent, guardian or foster parent of the child; or
(c) the person provides religious, sporting, musical or other instruction to the child; or
(d) the person is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child; or
(e) the person is a health professional or social worker providing professional services to the child; or
(f) the person is responsible for the care of the child and the child has a cognitive impairment; or
(g) the person is employed or providing services in a correctional institution (within the meaning of the Correctional Services Act 1982
) or a training centre (within the meaning of the Young Offenders Act 1993
), or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or
(h) the person is an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity).