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Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021

Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021

Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Issues Backgrounder 03/2021 by Talina Drabsch

​In May 2021, the NSW Government announced that it intended to reform sexual consent laws in NSW. On 20 October 2021, the NSW Attorney General introduced the Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021 into the Legislative Assembly. This issues backgrounder provides a brief overview of the current law in NSW in relation to sexual consent as well as some background to the May 2021 NSW Government announcement, including the NSW Law Reform Commission's September 2020 report, Consent in relation to sexual offences. There is an overview of significant provisions of the Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021, as well as a brief outline of relevant legislation in the other states and territories. Key commentary on the concept of consent in relation to sexual offences is listed at the end of this paper, with hyperlinks provided to the full text.