Crimes Act 1900 No 40
Current version for 23 June 2020 to date (accessed 5 August 2020 at 09:46)
73   Sexual intercourse—young person between 16 and 18 under special care
(1)  Any person who has sexual intercourse with a young person who—
(a)  is under his or her special care, and
(b)  is of or above the age of 16 years and under the age of 17 years,
is liable to imprisonment for 8 years.
(2)  Any person who has sexual intercourse with a young person who—
(a)  is under his or her special care, and
(b)  is of or above the age of 17 years and under the age of 18 years,
is liable to imprisonment for 4 years.
(3)  For the purposes of this section, a young person (the victim) is under the special care of another person (the offender) if, and only if—
(a)  the offender is any of the following who is not a close family member of the victim—
(i)  the parent or the parent of a parent of the victim,
(ii)  the guardian or authorised carer of the victim,
(iii)  the spouse or de facto partner of a person referred to in subparagraph (i) or (ii), or
(b)  the offender is a teacher at, or the principal or a deputy principal of, the school at which the victim is a student, or
(b1)  the offender performs work at the school at which the victim is a student, in which the offender has students at the school, including the victim, under the offender’s authority, or
(c)  the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, in which relationship the victim is under the authority of the offender, or
(d)  the offender is a custodial officer of an institution of which the victim is an inmate, or
(e)  the offender is a health professional and the victim is a patient of the health professional, or
(f)  the offender—
(i)  performs work for an organisation that provides residential care to young persons placed in out-of-home care (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), and
(ii)  has an established personal relationship with the victim in connection with the provision of that residential care to the victim, in which relationship the victim is under the authority of the offender, or
(g)  the offender—
(i)  performs work for an organisation that provides refuge or crisis accommodation, and
(ii)  has an established personal relationship with the victim in connection with the provision of that accommodation to the victim, in which relationship the victim is under the authority of the offender.
(4)    (Repealed)
(5)  A person does not commit an offence under this section if the person and the young person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.
(6)    (Repealed)