New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 368

368 Review of certain provisions relating to consent

(1) The Minister must conduct reviews of the reviewable provisions to identify if--

(a) the policy objectives of the reviewable provisions remain valid, and

(b) the terms of the reviewable provisions remain appropriate for securing the objectives.

(2) In conducting the review, the Minister must consider the transcripts of criminal trials--

(a) conducted during the review period, and

(b) in which a consent direction set out in sections 292A- 292E was--

(i) given, or

(ii) requested by a party to the proceedings to be given.

(3) The first review must be commenced within 6 months after the period of 3 years after the commencement date.

(4) Subsequent reviews must be commenced every 5 years after the end of the 6-month period.

(5) A report on the outcome of each review must be tabled in each House of Parliament within 1 year after the last day by which the review must be commenced.

(6) In this section--

"commencement date" means the date on which the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 commences.

"reviewable provisions" means--

(a) sections 292- 292E, 293A, 294 and 294AA, and

(b) section 294CB, including its relationship with the Crimes Act 1900 , section 61HJ(1)(a).