The new laws now state a person is required to do or say something to find out whether the other person consents to sex to reasonably believe they agreed.
The reforms will also ensure more effective prosecutions of sexual offences.
“No law can ever erase the trauma of sexual assault, but we have listened to calls for change and consulted victim-survivors and legal experts to improve our response to sexual violence,” NSW Attorney-General and Minister for Prevention of Domestic Violence Mark Speakman said.
“The NSW Government’s affirmative consent model sets clearer boundaries for consensual sex, reinforces the basic principle of common decency that consent is a free choice involving mutual and ongoing communication, and reinforces that consent should not be presumed.
“Under our reforms, if you want to engage in sexual activity with someone, then you need to do or say something to find out if they want to have sex with you too.
The passing of the legislation is a huge win for victim-survivors of sexual assault in the state and the advocates, activists and politicians who pushed for change.
Survivor Saxon Mullins, the director of advocacy at Rape and Sexual Assault Research and Advocacy, has been pushing for change to consent laws for years, and welcomed the change today on social media.
“Every survivor and expert who helped this through changed the world today,” she wrote.
It comes on the same day Full Stop Australia launched the first national advocacy program for survivors of sexual, domestic, and family violence.