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.

52K No defence of mistaken but honest and reasonable belief of certain matters

(1)It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—

(a)for an offence against section 52B(1), 52C(1) or 52D(1)—A did not provide treatment or support services to B or was not a worker for a service provider; or

(b)for an offence against section 52E(1)—A did not provide treatment or support services to C or was not a worker for a service provider.

(2)It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—

(a)for an offence against section 52C(1)— the touching was not—

(i)sexual; or

(ii)contrary to community standards of acceptable conduct; or

(b)for an offence against section 52D(1)—

(i)the activity was not sexual; or

(ii)engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or

(c)for an offence against section 52E(1)—

(i)the activity was not sexual; or

(ii)A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct.

References to A, B and C in this section are references to the same A, B and C referred to in sections 52B, 52C, 52D and 52E.

* * * * * * * * * *