New South Wales Consolidated Acts

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CRIMES ACT 1900 - SECT 583

Review of certain provisions relating to consent

583 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) to which the reviewable provisions were applicable.
(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) The Minister must, at least 6 months before each review, table in each House of Parliament a report on the training that has occurred during the review period in relation to communicative consent, detailing--
(a) the type of training provided, and
(b) the number and kinds of persons to whom it has been provided, including whether it has been provided to police officers, judicial officers or legal practitioners, and
(c) how effective the training has been.
(7) 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 61H, 61HA, 61HB and 61HC, and
(b) Part 3, Division 10, Subdivision 1A.

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