We understand the importance of consulting with the community about these issues, especially those that may be impacted by any possible changes to legislation and those organisations that provide support to those impacted.

Key recommendations:

1. There are consistent consent laws across Australia and therefore no amendments to the legislation are made until the Australian Law Reform Commission finalises and makes public the results of their inquiry into the Justice Responses to Sexual Violence.

2. Prevention (of the crimes this review examines) is an underlying principle that underpins the Criminal Law Consolidation Act (CLC Act).

3. A definition for “sexual activity” is developed and embedded into the CLC Act.

4. It is acknowledged in the CLC Act that sexual assault is a gendered issue and evidence-based interventions to address gender inequality and inequity are prioritised.

5. The use of the word “instigator” is reconsidered when applying it to the affirmative model of consent due to the instigator not always being the offender.