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Consent in relation to sexual offences
Reference received: 3 May 2018
Report
Report 148: Consent in relation to sexual offences (PDF, 3.1 MB) (PDF, 3.1 MB), September 2020
- Tabled in Parliament on 18 November 2020.
- Bibliography (PDF, 689.7 KB) (PDF, 689.7 KB)
- NSW Law Reform Commission Statement: Data in Chapter 2 (PDF, 272.2 KB)6 December 2021)
- Legislative action: Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021
Other documents
Draft proposals: Consent in relation to sexual offences (PDF, 3.4 MB) (PDF, 3.4 MB), October 2019
Consultation Paper 21: Consent in relation to sexual offences (PDF, 1.3 MB) (PDF, 1.3 MB), October 2018
Submissions
Terms of reference
Pursuant to s 10 of the Law Reform Commission Act 1967, the NSW Law Reform Commission is asked to review and report on consent and knowledge of consent in relation to sexual assault offences, as dealt with in s 61HA of the Crimes Act 1900 (NSW).
In undertaking this review, the Commission should have regard to:
- Whether s 61HA should be amended, including how the section could be simplified or modernised;
- All relevant issues relating to the practical application of s 61HA, including the experiences of sexual assault survivors in the criminal justice system;
- Sexual assault research and expert opinion;
- The impact or potential impact of relevant case law and developments in law, policy and practice by the Commonwealth, in other States and Territories of Australia, and internationally, on the content and application of s 61HA; and
- Any other matters that the NSW Law Reform Commission considers relevant.
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.