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ARTICLE · 14 DECEMBER 2022

Affirmative Consent: Major reform to consent laws

NSW & Victoria already have curriculums which include consent, but these will now be aligned with the national curriculum.

AustraliaCriminal Law

In February 2022, every State and Territory Education Minister agreed that all Australian high school students will be taught about coercion in sexual relationships and how to seek, give and deny consent. This came one year after Chanel Contos launched her consent education petition that sparked new conversations across Australia about consent. The new curriculum will be taught from 2023.

NSW and Victoria already have curriculums which include consent, but these will now be aligned with the national curriculum.

Not coincidentally, the NSW and Victorian parliaments have been reviewing the criminal law about consent.

In NSW, changes to the consent provisions in the Crimes Act 1900 were passed in November 2021 and came into force on 1 June 2022. Also in November 2021, the Victorian Government announced a similar reform to an affirmative consent model in Victoria, with proposed legislation to be introduced to Parliament during 2022.

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