Text as at 26 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

36 Consent

(1)Consent means free and voluntary agreement.
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.
(2)A person does not consent to an act just because they do not resist the act verbally or physically.
(3)A person does not consent to an act just because they consented to—
(a)a different act with the same person; or
(b)the same act with the same person at a different time or place; or
(c)the same act with a different person; or
(d)a different act with a different person.