The centuries-old rule that protects people from prosecution for failing to dob in their spouses to police has been abolished.

A spokeswoman for Attorney-General Greg Smith said the legal defence of spousal immunity would no longer be available.

The NSW government yesterday removed common law rules that prevent a person from being found guilty of an offence involving a failure to disclose a crime committed by a partner or spouse.

The High Court recently held that the common law does not recognise any privilege in relation to spousal incrimination. But it did not specifically rule on whether the common law immunity still exists.

"The amendment in this Bill will provide absolute clarity regarding this issue," the spokeswoman said. "It will explicitly abolish any common law rule that prevents a person from being found guilty of an offence involving failing to disclose a crime committed by their husband, wife or de facto partner."