Consorting

Published by Geoff Harrison | 22 August 2025

The offence of Consorting under s93X of the Crimes Act 1900 carries a maximum penalty of 3 years imprisonment and/or 150 penalty units ($16,500). The offence requires police to have given an official warning either orally or in writing.

Other Sources:

• Law Part Code: s93X Crimes Act 1900

• The consorting law report on the operation of Part 3A, Division 7 of the Crimes Act 1900 - April 2016

• Criminal Legislation Amendment (Consorting and Restricted Premises) Bill 2018: Second Reading Speech

  
  

Cases:

• Tajjour v New South Wales; Hawthorne v New South Wales; Forster v New South Wales [2014] HCA 35

  
  

• Forster v Director of Public Prosecutions [2017] NSWSC 458

Extracted Legislation:

CRIMES ACT 1900 - SECT 93W

Definitions

(1) In this Division--

"consort" means consort in person or by any other means, including by electronic or other form of communication.

"convicted offender" means a person who has been convicted of an indictable offence (disregarding any offence under section 93X).

(2) For the purposes of this Division, an

"indictable offence" includes an offence committed in another jurisdiction that would be an indictable offence if committed in this jurisdiction.

CRIMES ACT 1900 - SECT 93X

Consorting

(1) A person (other than a person under the age of 14 years) who--

(a) habitually consorts with convicted offenders, and

(b) consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,

is guilty of an offence.

Maximum penalty--Imprisonment for 3 years, or a fine of 150 penalty units, or both.

(2) A person does not

"habitually consort" with convicted offenders unless--

(a) the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and

(b) the person consorts with each convicted offender on at least 2 occasions.

(3) An "official warning" is a warning given by a police officer (orally or in writing) to the effect that-

(a) a certain person is a convicted offender, and

(b) habitually consorting with convicted offenders is an offence.

(4) An official warning ceases to have effect for the purposes of subsection (1)--

(a) if the warning is given to a person under the age of 18 years--6 months after the warning is given, or

(b) in any other case--2 years after the warning is given.

CRIMES ACT 1900 - SECT 93Y

Defence

(1) The following forms of consorting are to be disregarded for the purposes of section 93X if the defendant satisfies the court that the consorting was reasonable in the circumstances--

(a) consorting with family members,

(b) consorting that occurs in the course of lawful employment or the lawful operation of a business,

(c) consorting that occurs in the course of training or education,

(d) consorting that occurs in the course of the provision of a health service or welfare service,

(e) consorting that occurs in the course of the provision of legal advice,

(f) consorting that occurs in lawful custody or in the course of complying with a court order,

(g) consorting that occurs in the course of complying with--

(i) an order granted by the Parole Authority, or

(ii) a case plan, direction or recommendation by a member of staff of Corrective Services NSW,

(h) consorting that occurs in the course of providing transitional, crisis or emergency accommodation.

(2) In this section--

"family member" includes, for a defendant who is an Aboriginal person or a Torres Strait Islander, a person who is or has been part of the extended family or kin of the defendant according to the indigenous kinship system of the defendant's culture.

"health service" means--

(a) medical (including psychological), hospital, ambulance, paramedical, dental, community health or environmental health service, or

(b) another service--

(i) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons (whether provided as a public or private service), and

(ii) that is of a class or description prescribed by the regulations.

"Parole Authority" means the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999 .

"welfare service" means a service (whether provided as a public or private service) relating to the provision of--

(a) housing, employment benefits, rental assistance or other financial assistance or family support, or

(b) another community welfare service necessary for the promotion, protection, development and maintenance of the well-being of persons, including any rehabilitation, counselling, drug or alcohol service.