The government rolled out a new education campaign regarding the new laws earlier this year. Photo: ACT Government.
A review of the ACT’s affirmative consent laws has found they are delivering on their objectives and improving legal responses to sexual violence.
The statutory review by the Justice and Community Safety Directorate found the laws were clear, operating effectively, and in line with current policy goals.
The ACT overhauled its consent laws in 2022, legislating that consent is not presumed and must be affirmed through ongoing mutual conversation between participants.
Attorney-General Tara Cheyne praised the review’s outcome and said the reforms reflect a commitment to preventing sexual violence.
“They reflect a cultural shift, moving beyond a ‘no means no’ model toward an understanding of consent as something that must be positively communicated.”
The review was based on feedback from stakeholders in legal, health, community and advocacy sectors on how the reforms have operated over the last three years.
According to the report, stakeholders were largely positive about what had been seen in the court system.
Reporting and charge rates for sexual violence have increased in the ACT during this time, which experts believe is evidence of more confidence among sexual violence victims to come forward.
“This review found our laws more clearly aligned the legal definition of consent with contemporary community standards, while effectively capturing the nuances and complexities of consent,” Ms Cheyne said.
“The effectiveness of these laws reflects our commitment to preventing and responding to sexual violence.”
While the review was mostly positive, it did highlight specific concerns by stakeholders regarding the interpretation and application of the laws.
The report noted several areas where the wording of the law could encompass a broader scope when it came to how it defined sexual acts and consent.
The review also recommended that the government continue to monitor and assess the operations of the law.
Other concerns raised by stakeholders included suggested modifications to the act to improve clarity, operation and effectiveness when it came to defining sexual acts.
Prevention of Family, Domestic and Sexual Violence Minister, Dr Marisa Paterson, said affirmative consent is about shifting cultures to prioritise respect.
“These reforms, supported by education and awareness, are a critical step in preventing sexual violence and empowering our community to understand and practise consent,” Dr Paterson said.
Dr Paterson was the MLA who put the affirmative consent bill forward in the Assembly in 2022.
The ACT was the first jurisdiction in Australia to legally enshrine affirmative consent.
To support the change to the law, the government launched an education campaign this year.
The ‘Great sex starts with consent’campaign launched in 2025 and distributed flyers, posters, and online advertisements to help make the community more aware of the laws.
More information and resources on affirmative consent are available on the campaign website.
