NSW 'common sense' consent laws pass

Attorney-General Mark Speakman says the "common sense reforms" will simplify the law and ensure "more effective prosecutions of sexual offences".

The law requires "affirmative consent" - meaning people have to say or do something to confirm their partner consents to a sexual activity, otherwise they could be guilty of sexual assault.

Two amendments were added to the bill in the upper house on Friday and it was passed by parliament on Tuesday.

The opposition amendments include clarifying that cognitive or mental health impairments must be a "substantial" cause for failing to seek consent rather than simply "a" cause, as well as writing into law the terms and timelines for a review.

"No law can ever erase the trauma of sexual assault, but we have listened to calls for change and consulted with victim-survivors and legal experts to improve our response to sexual violence," Mr Speakman said.

He particularly commended Rape and Sexual Assault Research and Advocacy director of advocacy Saxon Mullins "for her extraordinary bravery in sharing her lived experience and tireless advocacy for victim-survivors to ensure their voices were heard".

Ms Mullins fought a court suppression order to speak about her own experiences through the ABC's Four Corners program in 2018, which prompted Mr Speakman to ask the Law Reform Commission to look at consent in sexual assault trials, leading to the changes in the law.

Mr Speakman says the affirmative consent model "sets clearer boundaries for consensual sex, reinforces the basic principle of common decency that consent is a free choice involving mutual and ongoing communication, and reinforces that consent should not be presumed".

What it doesn't do, as some have feared, is make consensual sex illegal.

"It does not require a written agreement or script, or stifle spontaneity. It's a matter of common sense and respect," Mr Speakman said.

"Under our reforms, if you want to engage in sexual activity with someone, then you need to do or say something to find out if they want to have sex with you too.

"It's that simple."

Reacting to the news that the law had passed, Ms Mullins said on Twitter she was not sure whether to "cry, dance, or drink champagne".

"Think I'm going to do a combination of all three."

"Every survivor and expert who helped this through changed the world today," Ms Mullins said.

Judges, legal practitioners and police will receive targeted education programs on the new legislation before it comes into effect mid-next year.

There will also be new directions for juries to address common misconceptions in sexual assault cases, community awareness campaigns, and research into the experiences survivors have had dealing with the criminal justice process.

1800 RESPECT (1800 737 732)

Lifeline 13 11 14

Australian Associated Press