On 20 October 2021, the NSW Attorney General introduced the Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021 into the Parliament of NSW.

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 proposed reforms, including the NSW Law Reform Commission’s September 2020 report, Consent in relation to sexual offences.

It also provides 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 the paper, with hyperlinks provided to the full text.