• MCW Lawyers

Historic law reform passed in NSW: what is “affirmative consent”?

In an age of growing awareness of survivors of sexual abuse, NSW has introduced new laws about what consent is. These reforms will come into effect in mid-2022 and will introduce a “common sense” approach to consent.


In short, the new “affirmative consent” means that unless a person says something or takes a positive action to demonstrate their consent, then there is no consent to that sexual activity with another person. The laws are intended to recognise the reality of sexual assault, including the “freeze” response to sexual offences, and also to improve the justice system’s response to these types of offences.


Find out more on the Law Society of NSW website HERE.