The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, which passed the Upper House in November last year, establishes the need for affirmative consent for any sexual activity.

A founder of the Wagga Women's Health Centre, Jan Roberts, said the new legislation has the potential to meaningfully impact issues surrounding sexual assault and to even the playing field in a previously "predatory" legal system.

"It's been really stacked against women," she said.

Sexual consent must now be expressly given, not assumed, and if a person does not say or do anything to communicate consent, it has by law, not been given.

Ms Roberts said the change is a positive step but that the government must now ensure the NSW public is educated on the legislation for it to have a true impact.

"The most important thing is to get this understanding about what affirmative consent means out into the population, particularly amongst younger people," she said.

"Because, historically, girls have not seen they had a lot of power in those sorts of situations where they felt coerced or pressured.

"If [young people] know what this means, then when they get into their 20s, they know they've got a right to say no, and that a yes is what's required, rather than a maybe."

Lead by the work of consent activist Chanel Contos, Australian schools will from next year be required to include consent in the national curriculum from foundation years until year 10.

Other important and now clearly defined aspects of consent include: a person can withdraw consent by words or conduct at any time; consent is not given simply by means of not offering physical or verbal resistance to a sexual activity; and consent to one particular sexual activity does not imply consent to any other sexual activity.

Commins Hendricks Wagga solicitor Julianne Carroll agreed the introduction of today's legislation is a positive milestone for NSW.

"Anything that can properly define and reinforce what the basic principles of consent are is a step forward," she said.

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Ms Carroll said the legislation simplifies the interpretation of consent.

"But I think it does probably require some further education because it does effectively reverse that presumption of innocence," she said

"It requires a person to establish that they obtained affirmative consent before the actual sexual act occurs or during the act."

Wagga MP Joe McGirr described the legislation he voted in favour of as an "extremely important law reform".

"It basically puts the onus on everyone to ensure that they have consent as part of sexual relations," he said.

"So, you can't assume it, is the bottom line."

Dr McGirr said the changes are about prevention.

"It's about ensuring that our relationships are respectful and that we don't make assumptions about what people agree to," he said.

"In my opinion, the most important thing is that we'll get one or two cases where this gets tested and that will then send a clear message to the community."

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