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Media Release - Review of the operation of the amendments to the consorting law under Part 3A Division 7 of the Crimes Act 1900 Discussion Paper

The Law Enforcement Conduct Commission tabled in Parliament a discussion paper as part of its review of 2019 amendments to the State’s consorting laws.

Media Release

26.10.2021

Operation of amendments to consorting laws – discussion paper

The Law Enforcement Conduct Commission tabled in Parliament a discussion paper as part of its review of 2019 amendments to the State’s consorting laws.

In February 2019, the Commission was tasked with reviewing the implementation of the amendments over a three year period. The amendments include:

  • an expanded definition of an ‘indictable offence’ to include a conviction for an offence outside NSW,
  • excluding children under 14 from the consorting laws,
  • setting timeframes for warnings to remain current,
  • outlining what should be included in a warning, and
  • the definition of ‘family members’ has been extended to recognise kinship systems in Aboriginal and Torres Strait Islander

Between February 2019 and June 2020, the Commission has found:

  • no child under 14 was subject to the laws, and there has been a reduction in the number of people under 18,
  • Aboriginal and/or Torres Strait Islander people made up 40% of those subject to the consorting law,
  • there are questions around whether some of the people issued with warnings were convicted of an indictable offence,
  • it is not clear how officers determine if an offence committed in another jurisdiction would be an indictable offence if committed in NSW,
  • it is also not clear whether officers are considering the relevant defences when issuing a warning.

The Commission is now seeking submissions from those with an interest in the amendments to the consorting laws. Those who wish to make a submission or anyone who has further questions should email the Commission at: contactus@lecc.nsw.gov.au

The Discussion Paper: Review of the operation of the amendments to the consorting law under Part 3A Division 7 of the Crimes Act 1900 can be accessed on the Commission’s website here.

For media enquiries please contact 0425 317 535 or email media@lecc.nsw.gov.au.