Affirmative consent model. The Crimes (Consent) Amendment Act 2022 (A2022-7), commencing 12 May 2022, fundamentally reformed the consent framework for sexual offences. The new definition of consent as "informed agreement" that is "freely and voluntarily given and communicated" (s 50B) replaced the previous formulation. Section 67 was completely rewritten to provide an exhaustive list of circumstances in which a person does not consent, and to require that any belief in consent must be reasonable in the circumstances. The provision that the accused's belief is taken not to be reasonable if they did not say or do anything to ascertain consent (s 67(5)) was a significant shift toward communicative sexuality. The Sexual Assault Reform Legislation Amendment Act 2023 (A2023-15), commencing 24 May 2023, added s 67A, prohibiting the trier of fact from considering the accused's self-induced intoxication when deciding knowledge, belief, or recklessness about consent.
Family violence aggravation across all offence types. The Family Violence Legislation Amendment Act 2022 (A2022-13), commencing 17 August 2022, created an entirely new system of aggravated offences for offences involving family violence across Part 2 (offences against the person), Part 3 (sexual offences), and Part 3A (intimate image abuse), and extended the aggravation to property damage offences under s 116. The amendments also introduced comprehensive alternative verdict tables and the provision allowing more than one factor of aggravation to be alleged in a single charge (s 434C).
Raising the age of criminal responsibility. The Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (A2023-45) introduced Parts 33 and 34 to raise the minimum age of criminal responsibility. Part 33 (commencing 22 November 2023) applies to offences committed by persons under 12, requiring the ending of law enforcement action, the discontinuation of criminal proceedings, and the destruction of forensic material. Part 34 (commencing 1 July 2025) will apply to offences committed by persons at least 12 but under 14, excluding certain schedule offences. The Crimes Legislation Amendment Act 2025 (A2025-9), commencing 1 July 2025, inserted Subdivision 10.7.1A restricting police powers to stop, search, or detain persons under 14 without warrant, imposing a general prohibition subject to specific exceptions for prevention of harm, safety, and investigations relating to other persons.
Intimate image abuse. The Crimes (Intimate Image Abuse) Amendment Act 2017 (A2017-22), commencing 30 August 2017, created Part 3A with offences for non-consensual distribution of intimate images, distribution of intimate images of young persons, and threatening to capture or distribute intimate images.
Child sexual offence reforms. The Royal Commission Criminal Justice Legislation Amendment Act 2018 (A2018-46), commencing 5 December 2018, introduced the failure to report child sexual offence (s 66AA), the failure by a person in authority to protect a child or young person from sexual offence (s 66A), and the course of conduct charge for child sexual offences (s 66B). The Royal Commission Criminal Justice Legislation Amendment Act 2020 (A2020-31), commencing 1 September 2020, amended the persistent sexual abuse offence (s 56) to expand its scope.