FREE CONSULTATION
Speak to a Principal Lawyer
Charged with Consorting? What You Need to Know
Consorting is a criminal offence under section 93X of the Crimes Act 1900 (NSW), carrying a maximum penalty of 3 years imprisonment and a fine of $16,500. It is one of the few offences in NSW where a person can be charged without doing anything unlawful in itself. The offence is made out by continuing to associate with people who have criminal convictions after police have formally warned you to stop.
Many people charged with consorting had no involvement in any criminal activity. The law was introduced in 2012 to disrupt organised crime networks, but it applies to anyone over the age of 14 who keeps company with at least 2 convicted offenders after being warned. Friends, housemates, neighbours, and colleagues can all fall within it, and “consorting” includes phone calls, text messages, and social media contact, not only meeting in person.
Outcomes vary widely. The offence has strict elements that police must satisfy, including a valid official warning for each convicted offender and a pattern of association after that warning. The High Court and the NSW Supreme Court have both confirmed that chance encounters and passing contact do not amount to consorting. Many charges fail on these elements.
The Australian Legal Practice represents clients facing consorting charges across Burwood, Sydney CBD, and Parramatta. Our lawyers are available 24/7, and the first consultation is free. If you are going through a consorting investigation in Australia, obtaining legal advice early will help you understand your rights and what police are alleging.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
What Is Consorting?
Consorting is the offence of habitually associating with convicted offenders after police have given you an official warning about each of them. The offence is contained in Division 7 of Part 3A of the Crimes Act 1900 (NSW).
The offence has a specific structure. Under section 93X, a person commits consorting only if all of the following apply:
- The person is 14 years of age or older
- The person habitually consorts with convicted offenders
- The person has been given an official warning by police in relation to each of those convicted offenders
- The person consorts with those convicted offenders again after receiving the warning
Key terms are defined in section 93W and section 93X:
- Consort: to consort in person or by any other means, including by electronic or other form of communication. Phone calls, text messages, and social media contact are all covered
- Convicted offender: a person who has been convicted of an indictable offence, including an offence committed in another Australian state or territory that would be indictable in NSW
- Habitually consort: a person consorts with at least 2 convicted offenders, whether on the same or separate occasions, and consorts with each of them on at least 2 occasions
- Official warning: a warning given by a police officer, orally or in writing, to the effect that a certain person is a convicted offender and that habitually consorting with convicted offenders is an offence
The courts have held that consorting requires more than being in the same place as a convicted offender. In Johanson v Dixon (1979) 143 CLR 376, the High Court held that “consort” means to associate or keep company, and involves some acceptance of the association.
In Forster v DPP [2017] NSWSC 458, the NSW Supreme Court overturned a conviction and held that a casual, chance encounter between people does not constitute consorting. Something in the nature of companionship must be intentionally sought. Your rights will depend on the precise circumstances, including whether the association was deliberate and whether you were actually going to maintain that relationship after the warning.
Consorting is distinct from two related offences:
- Participating in a criminal group (section 93T): knowingly participating in a criminal group and contributing to criminal activity, which requires proof of involvement in actual criminal conduct
- Breach of a bail condition or supervision order: where a non-association condition has been imposed by a court or the Parole Authority, contact with a named person is dealt with as a breach of that condition rather than as consorting
Consorting Under Australian Law
The consorting provisions were inserted into the Crimes Act 1900 (NSW) by the Crimes Amendment (Consorting and Organised Crime) Act 2012, and amended by the Criminal Legislation Amendment (Consorting and Restricted Premises) Act 2018 following a review by the NSW Ombudsman.
Although these laws apply in NSW, people in Australia can face different legal consequences depending on the state or territory in which an alleged offence occurs. Queensland, for example, has its own criminal laws and procedures, so advice about a Queensland matter should be based on Queensland law rather than assumed to be identical to NSW law.
Provision | Section | What It Does |
Definitions | s 93W | Defines “consort” and “convicted offender,” and extends “convicted offender” to interstate convictions |
The offence | s 93X(1) | Habitually consorting with convicted offenders after an official warning for each, maximum 3 years imprisonment, 150 penalty units ($16,500), or both |
Habitual consorting | s 93X(2) | Requires at least 2 convicted offenders, and at least 2 occasions with each |
Official warning | s 93X(3) | A police warning, oral or written, that a person is a convicted offender and that habitual consorting is an offence |
Expiry of warning | s 93X(4) | A warning ceases to have effect after 6 months for a person under 18, or after 2 years in any other case |
Reasonable consorting defence | s 93Y | Lists categories of association that must be disregarded if reasonable in the circumstances |
Section 93Y sets out categories of consorting that are to be disregarded if the defendant satisfies the court that the consorting was reasonable in the circumstances:
Category | What It Covers |
Family members | For an Aboriginal or Torres Strait Islander defendant, this includes extended family and kin under the defendant’s Indigenous kinship system |
Lawful employment or business | Association in the course of work or the lawful operation of a business |
Training or education | Association in the course of a course, apprenticeship, or study |
Health or welfare services | Association in the course of receiving or providing medical, psychological, hospital, community health, or welfare services |
Legal advice | Association in the course of receiving or providing legal advice |
Lawful custody or court orders | Association while in custody, or in the course of complying with a court order |
Parole and Corrective Services | Association in the course of complying with a Parole Authority order, or a case plan, direction, or recommendation of Corrective Services NSW |
Transitional, crisis, or emergency accommodation | Association in the course of providing that accommodation |
Jurisdiction and court:
- Consorting is a Table 2 offence under Schedule 1 of the Criminal Procedure Act 1986 (NSW)
- It is dealt with in the Local Court unless the prosecution elects to have the matter heard in the District Court
- When dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 50 penalty units ($5,500)
The High Court upheld the constitutional validity of the consorting laws in Tajjour v New South Wales [2014] HCA 35.
The laws have since been reviewed by the NSW Ombudsman in 2016 and by the Law Enforcement Conduct Commission in 2023, both of which raised concerns about their use against people with no connection to organised crime, including Aboriginal people, young people, and people experiencing homelessness.
These concerns have received attention in legal News and public discussion across Australia, particularly where police powers may affect a person’s rights. Queensland News and legal commentary have also highlighted broader debates around police powers and anti-crime measures, although Queensland’s laws are separate from the NSW consorting provisions.
What Must the Prosecution Prove?
To secure a conviction for consorting, the prosecution must prove each of the following elements beyond reasonable doubt:
- You were 14 years of age or older at the time
- You consorted with at least 2 people who were each convicted offenders, meaning each had been convicted of an indictable offence
- You consorted with each of those people on at least 2 occasions
- A police officer gave you an official warning in relation to each of those convicted offenders
- Each warning was still in effect, meaning it was given within the previous 2 years, or within the previous 6 months if you were under 18
- After receiving each warning, you consorted with that convicted offender again
If the prosecution cannot prove any one of these elements, the court must find you not guilty.
The warning element is frequently contested. The prosecution must establish that a warning was actually given, that it identified the specific person as a convicted offender, that it stated that habitual consorting is an offence, and that it had not expired. Where police cannot produce a record of the warning, or where the warning related to a different person, the charge is likely to fail.
If the prosecution proves these elements, the burden then shifts to you to establish, on the balance of probabilities, that any of the associations fall within a section 93Y category and were reasonable in the circumstances. A person should understand this distinction because the evidentiary burden can change during the hearing, and your legal rights should be protected throughout the process.
Penalties for Consorting in NSW
Court | Maximum Penalty |
Local Court (Table 2) | 2 years imprisonment and/or 50 penalty units ($5,500) |
District Court on prosecution election | 3 years imprisonment and/or 150 penalty units ($16,500) |
Sentencing options available to the court:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order (CRO) with or without conviction
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO), served in the community
- Full-time imprisonment
Factors that influence the severity of the penalty:
- Whether the association was connected to organised crime, or was ordinary social contact with friends, housemates, or relatives
- The number of warnings given and the period over which consorting continued
- The nature of the convicted offenders’ offences
- Whether any criminal activity was linked to the association
- Prior criminal history, including previous consorting convictions
- Age and personal circumstances, including intellectual disability, homelessness, or cultural obligations
- Genuine remorse and an early guilty plea, which attracts a discount of up to 25 per cent
The first person convicted under section 93X received a 12-month sentence in the Local Court for associating with friends, which was later overturned on appeal. Where consorting is not linked to organised crime and involves ordinary social relationships, non-conviction and fine outcomes are commonly achieved. A serious penalty is not automatic simply because the allegation involves a person with a criminal conviction.
Other consequences of a conviction include:
- Criminal record affecting employment and travel
- Consorting convictions and warnings being recorded on police intelligence systems and used to support future warnings or applications
- Impact on bail applications and bail conditions in any future matter
For someone going through the criminal justice system, these consequences can extend beyond the immediate court case. They may affect employment, travel and other areas of life in Australia.
Possible Defences Against Consorting
Several defences can result in a consorting charge being dismissed or withdrawn.
- No valid official warning: no warning was given, the warning did not identify the specific person as a convicted offender, the warning did not state that habitual consorting is an offence, or the warning had expired under section 93X(4)
- Not habitual consorting: fewer than 2 convicted offenders were involved, or contact with each occurred on fewer than 2 occasions after the warning
- Chance encounter or no acceptance of association: the contact was accidental, incidental, or not intentionally sought, consistent with Johanson v Dixon and Forster v DPP
- Not a convicted offender: the person you associated with had not been convicted of an indictable offence, for example where the conviction was for a summary offence only
- Reasonable consorting under section 93Y: the association fell within one of the statutory categories, such as family, employment, education, health services, or legal advice, and was reasonable in the circumstances
- Under 14: the offence does not apply to a person under the age of 14
Where the alleged association relates to a serious offence, including violence, the nature of that underlying offending may be relevant but does not remove the prosecution’s obligation to prove the elements of consorting.
Every defence is assessed on the specific facts, including the police record of the warning, surveillance and telephone intercept material, and the true nature of the relationship with each convicted offender. A person should not assume that an anti-crime operation automatically means the prosecution has a strong case.
Your Options When Charged with Consorting
Option | What It Means |
Negotiate with the prosecution | Where the warning record is incomplete, the number of occasions is disputed, or the associations fall within a section 93Y category, representations to police can result in the charge being withdrawn before hearing |
Plead not guilty | Contest the charge at a defended hearing, where the prosecution must prove every element, including a valid and unexpired warning for each convicted offender, beyond reasonable doubt |
Plead guilty and seek the best outcome | An early guilty plea attracts a sentencing discount of up to 25 per cent; the ordinary social nature of the association, character material, and personal circumstances can support a section 10 dismissal or CRO without conviction |
Which option is appropriate will depend on the evidence, the warnings issued, the alleged associations and your personal circumstances. Going to court without understanding the prosecution case can make an already serious matter more difficult to manage.
Why Choose The Australian Legal Practice for Consorting Charges
- Principal-level representation. You deal directly with an experienced senior lawyer, not a junior
- 24/7 availability on (02) 8084 9929. Consorting warnings and charges are often issued during street stops, vehicle stops, or police operations, at any hour
- Three Sydney offices: Burwood, Sydney CBD, and Parramatta
- Free initial consultation so you can understand whether the warnings you were given are valid and what they mean
- Fixed-fee arrangements available for consorting matters heard in the Local Court
- Experience testing the validity, content, and expiry of official warnings, which is where most consorting charges are won
- Advice on requesting written confirmation of a consorting warning from NSW Police, and on your position after a warning is issued but before any charge
- Integrated advice where a consorting charge is laid alongside bail conditions, non-association orders, or other criminal matters
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
ONLINE ENQUIRY
Make a booking to arrange a free consult today.
Call A Lawyer NOw
AVAILABLE 24/7
Frequently Asked Questions About Consorting
Yes. The offence is about who you associate with, not your own history. A person with no criminal record can be charged with consorting if they habitually associate with 2 or more convicted offenders after receiving an official warning about each of them.
Yes. Section 93W defines consorting to include association by electronic or other forms of communication. Phone calls, text messages, and social media contact can all be relied on by the prosecution.
Under section 93X(4), a warning ceases to have effect 2 years after it is given, or 6 months after it is given if you were under 18 at the time. Consorting that occurs after a warning has expired cannot be relied on unless a fresh warning is given.
You are entitled to request the warning in writing from NSW Police. Obtain legal advice before continuing any contact with the named person, and keep a record of the date, the officer, and the exact person named. A warning is not a charge, but it is the foundation of any later prosecution.
Association with a family member is a recognised category under section 93Y and is to be disregarded if it was reasonable in the circumstances. For Aboriginal and Torres Strait Islander people, “family member” includes extended family and kin under the person’s Indigenous kinship system. You bear the burden of establishing this at hearing, so the relationship should be documented.
Speak to a criminal defence lawyer today on (02) 8084 9929 or book a free consultation online.
