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ARTICLE · 07 AUGUST 2023

Should uniform affirmative consent laws be enacted across Australia?

Consistency across the nation could be achieved by introducing affirmative consent laws in Commonwealth legislation.

AustraliaCriminal Law

Victoria is the latest jurisdiction to introduce affirmative sexual consent laws, becoming the third Australian jurisdiction to enact laws which require those who participate in sexual activity to take positive steps to ensure the other party or parties are consenting.

The move has raised a discussion regarding such laws should be passed across Australia – whether by individual states and territories – or in a unform manner under federal legislation.

Sexual offence laws in Victoria

At the end of July 2023, a range of new sexual offence laws came into effect in Victoria which have largely adopted recommendations made by the Victorian Law Reform Commission last year in its Improving the Justice System Response to Sexual Offences report.

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