Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

52J Defence—reasonable belief the service provider does not provide treatment or support services to the person with a cognitive impairment or mental illness

If A is a worker for a service provider, it is a defence to a charge for an offence against a provision of this Subdivision for A to prove on the balance of probabilities that, at the time of the conduct constituting the offence, A reasonably believed that the service provider was not providing treatment or support services to the person who has a cognitive impairment or mental illness.

S. 52J inserted by No. 47/2016 s. 16.

1The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.

2The prosecution is required to prove that A is a worker for a service provider—see sections 52B, 52C, 52D and 52E.