Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15na:p2
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15NA (pt 2/3)
Character Range: 86022–88921

where this is not necessary to provide care or services to the care recipient;
 (b) any non‑consensual contact or conduct of a sexual nature, including (without limitation) sexual assault, an act of indecency and the sharing of an intimate image of the care recipient;
 (c) engaging in conduct relating to the care recipient with the intention of making it easier to procure the care recipient to engage in sexual contact or conduct.
 (5) However, that expression does not include consensual contact or conduct of a sexual nature between the care recipient and a person who is not a staff member of the approved provider, including the following:
 (a) another person who is a care recipient of the provider;
 (b) a person who provides care or services for the provider (such as while volunteering) other than while that person is providing that care or services.

Psychological or emotional abuse
 (6) In paragraph 54‑3(2)(c) of the Act the expression "psychological or emotional abuse of the care recipient" includes conduct that:
 (a) has caused the care recipient psychological or emotional distress; or
 (b) could reasonably have been expected to have caused a care recipient psychological or emotional distress.
 (7) Conduct covered by subsection (6) includes (without limitation) the following:
 (a) taunting, bullying, harassment or intimidation;
 (b) threats of maltreatment;
 (c) humiliation;
 (d) unreasonable refusal to interact with the care recipient or acknowledge the recipient's presence;
 (e) unreasonable restriction of the care recipient's ability to engage socially or otherwise interact with people;
 (f) repetitive conduct or contact which does not constitute unreasonable use of force but the repetition of which:
 (i) has caused the care recipient psychological or emotional distress; or
 (ii) could reasonably have been expected to have caused a care recipient psychological or emotional distress.

Unexpected death
 (8) In paragraph 54‑3(2)(d) of the Act the expression "unexpected death of the care recipient" includes death in circumstances where:
 (a) the care recipient was provided with residential care, or flexible care provided in a residential setting, and reasonable steps were not taken by the approved provider to prevent the death; or
 (b) the care recipient's death was a result of:
 (i) care or services provided by the approved provider; or
 (ii) a failure of the approved provider to provide care or services.

Stealing or financial coercion
 (9) In paragraph 54‑3(2)(e) of the Act, the expression "stealing from, or financial coercion of, the care recipient by a *staff member of the provider" includes the following:
 (a) stealing from the care recipient by a staff member of the approved provider;
 (b) conduct by a staff member of the approved provider that:
 (i) is coercive or deceptive in relation to the care recipient's financial affairs; or
 (ii)