Dr Marisa Paterson MLA

Member for Murrumbidgee

Dr Marisa Paterson MLA

Member for Murrumbidgee

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Crimes (Consent) Amendment Bill 2022

03 May 2022

3 May 2022

On 5 May 2022 my Crimes (Consent) Amendment Bill 2022 will be debated in the ACT's Legislative Assembly to introduce a communicative model of consent in the ACT. 

This means it will no longer be enough to rely on a ‘no means no’ approach to a sexual act. A communicative model of consent means that consent must be given. A sexual act that occurs without consent is a crime. Consent must be given by saying or doing something, either physically or verbally. 

I thank the many organisations, stakeholder groups and individuals who have contributed. 

With these law reforms, the ACT will be well on its way to better protect victim-survivors of sexual violence and to hold perpetrators to account.  

DOCUMENTS:

  • Crimes (Consent) Amendment Bill 2022 
  • Revised Explanatory Statement 
  • Amendments moved by Dr Paterson MLA
  • Supplementary Explanatory Statement 
  • FAQs updated

Speeches 

  • 5 May 2022 – Crimes (Consent) Amendment Bill 2022 – Debate in the ACTs legislative Assembly 
    • Text 
    • Assembly video 

Media Release 

News articles 

  • 3 May 2022, Canberra Times - Marisa Paterson's Consent Bill to be debated in Legislative Assembly
  • 5 May 2022, Canberra Times - ACT passes affirmative consent laws
  • 5 May 2022, ABC - ACT passes affirmative consent laws, bringing it into line with neighbouring NSW
  • 5 May 2022, Canberra Weekly - ACT passes 'clearer and stronger' sexual consent laws
  • 5 May 2022, Canberra City News - Clearer sexual consent laws passed in Canberra
  • 6 May 2022, Riot Act - Important day for survivors - affirmative consent laws passed in the ACT

SUPPORT 

If you or anyone you know needs support, please contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800 RESPECT (1800 737 732), available 24 hours or via online chat service at https://www.1800respect.org.au/   

Domestic Violence Crisis Service ACT Ph 62 800 900, 24/7 crisis line   

Canberra Rape Crisis Centre Ph 6247 2525, 7 days a week, 7:00am to 11:00pm   

ACT Human Rights Commission Victim Support ACT Ph 6205 2222 Mon-Fri, 9:00am to 5:00pm.   

Women's Legal Centre ACT Ph 6257 4377, Mon-Fri, 9:00am to 5:00pm.   

1800RESPECT (1800 737 732), 24 hours, 7 days a week, for those impacted by sexual or domestic violence   

Legal Aid ACT Helpline Ph 1300 654 314, Mon-Fri, 8:30am to 4.30pm  

 

7 February 2022

I tabled the Crimes (Consent) Amendment Bill 2022 in the ACTs legislative Assembly on 8 February 2022.

Since the release of my public exposure draft Bill in June 2021, much has happened: 

  • The ACTs Sexual Assault Prevention and Response Reform Program Steering Committee presented their report to the ACT Government on 6 December 2021; 
  • The Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021 was passed in New South Wales; 
  • Victoria announced its intent to introduce affirmative consent legislation in 2022; and 
  • The ACTs Crimes (Stealthing) Amendment Act 2021 was passed on 14 October 2021. 

Together with the period of public comment and stakeholder consultation on my draft exposure Bill, I have been able to draw from this significant body of work to refine and strengthen the Crimes (Consent) Amendment Bill 2022 to table in the ACTs Legislative Assembly. 

Encouragingly, the Bill I released as a draft exposure for public consultation in June last year was well received and did not require significant amendment.

You can access detailed information, and a copy of the Bill and Explanatory Statement below: 

  • Crimes (Consent) Amendment Bill 2022 
  • Explanatory Statement
  • FAQs 
  • Table of S67(1) comparisons of circumstances under which consent to a sexual act is not given 

You can access previous news, information and the June 2021 Draft Exposure Bill here. 

 

Speeches

  • 8 Feb 2022 - Crimes (Consent) Amendment Bill 2022 - tabling in the ACTs legislative Assembly
    • text
    • Assembly video
  • 10 Feb 2022 - Adjournment Speech: Affirmative Consent in the ACT, it's time
    • text
    • Assembly video

Media release

News articles

  • Canberra Times, 7 Feb 2022, 'Marisa Paterson to introduce affirmative consent las to ACT Legislative Assembly' 
  • RiotAct, 7 Feb 2022, 'Local affirmative consent laws backed by national advocates Grace Tame and Brittany Higgins'

 

What happens next? 

The Assembly’s Standing Committee on Justice and Community Safety (Scrutiny Committee) will review the Bill as per the Assembly’s regular process for the introduction of amended legislation and report back to the Legislative Assembly.  

The Bill will also be referred to the JACS Committee for a possible public Inquiry.  

The ACT Government will also provide a report to the Assembly on the Bill.  

Following these parliamentary processes, the Bill will be debated in the Assembly.  

SUPPORT 

If you or anyone you know needs support, please contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800 RESPECT (1800 737 732), available 24 hours or via online chat service at https://www.1800respect.org.au/  

Domestic Violence Crisis Service ACT Ph 62 800 900, 24/7 crisis line  

Canberra Rape Crisis Centre Ph 6247 2525, 7 days a week, 7:00am to 11:00pm  

ACT Human Rights Commission Victim Support ACT Ph 6205 2222 Mon-Fri, 9:00am to 5:00pm.  

Women's Legal Centre ACT Ph 6257 4377, Mon-Fri, 9:00am to 5:00pm.  

1800RESPECT (1800 737 732), 24 hours, 7 days a week, for those impacted by sexual or domestic violence  

Legal Aid ACT Helpline Ph 1300 654 314, Mon-Fri, 8:30am to 4.30pm  

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ACT Labor

I acknowledge the traditional custodians of the land, the Ngunnawal people, and pay my respect to their Elders past, present and emerging.

Authorised M Paterson ACT Labor