The NSW Government introduced the Crimes Amendment (Child Pornography and Abuse Material) Bill 2010 in the Legislative Assembly on 10 March 2010 that it be agreed in principle. The bill is the result of the recommendations made by the NSW Child Pornography Working Party headed by District Court Judge Peter Berman with representatives from Police, the DPP and Legal Aid.

The bill amends the Crimes Act 1900 (NSW) to make changes to the law as it relates to child pornography. In particular, the Bill scraps the defence of “artistic merit” in the use of child pornography images. The defence relating to material produced for child protection, scientific, medical, legal and other public benefit purposes will also no longer be available.

The bill also amends NSW laws to be more consistent with Commonwealth offences relating to child pornography. It amends the Criminal Procedure Act 1986 (NSW) to extend to witnesses in sexual offence proceedings who allege that the accused person has committed a sexual offence against them, thus providing them with the same protections as those offered to complainants in the proceedings.

The Bill is yet to be passed by Parliament.