Consent
36 Consent
S. 36 substituted by No. 81/1991 s. 3, repealed by No. 74/2014 s. 7(2), new s. 36 inserted by No. 47/2016 s. 5, amended by No. 38/2022 s. 3(1), substituted by No. 38/2022 s. 5.
Consent means free and voluntary agreement.
Note
See also sections 37A and 37B which set out the objectives of Subdivisions (8A) to (8G) and the guiding principles that the courts are to have regard to in interpreting and applying those Subdivisions, including this section and section 36AA.
A person does not consent to an act just because they do not resist the act verbally or physically.
A person does not consent to an act just because they consented to—
a different act with the same person; or
the same act with the same person at a different time or place; or
the same act with a different person; or
a different act with a different person.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.