Update to Coercive Control Laws

The tragic deaths of Hannah Clarke and her children and the death of Dr Preethi Reddy put the spotlight on domestic violence and we as a country grieved with their loved ones. These are not isolated cases and there are many tragic incidents happening every day.

On 12 October 2022, the NSW Government introduced a bill into Parliament to create a standalone criminal offence of coercive control towards current and former intimate partners. This bill is backed by $5.6 million in initial funding for education, training and awareness. Attorney-General Mark Speakman said “the Crimes Legislation Amendment (Coercive Control) Bill 2022 delivers on the NSW Government’s commitment to support NSW women, victim-survivors of domestic violence and frontline services by outlawing coercive control.”

The offence of coercive control will carry a maximum sentence of seven years in jail and consists of five elements to be proved beyond reasonable doubt:

1. “An adult engages in a course of conduct repeatedly and continuously.
2. The course of conduct is ‘abusive behaviour’ that involves violence, threats or intimidation; and/or coercion or control of the person against whom the behaviour is directed.
3. The accused intends the course of conduct to coerce or control the other person. 
4. A reasonable person would consider that the course of conduct would be likely to cause:
   • the other person fear that violence will be used against them: or
   • a serious adverse impact on their capacity to engage in some or all of the other person’s ordinary day to day activities.
5. The course of conduct is directed at a current or former intimate partner.”

An important part of the offence is point 3 above. To avoid the offence being used as a weapon against and being misapplied to victim-survivors themselves, the bar has been set high and the offender must have had intention.

NSW has recognised this abusive pattern of behaviour and by introducing this bill they have heard the victim-survivors and support them.

A further $4.9 million has also been announced to support coercive control training for police, funding for multiple awareness campaigns and educational resources.

NSW will be the first Australian state or territory to have a dedicated offence for coercive control once the bill is passed. The Government has advised that once the bill is passed, there will be between 14 and 19 months of training, resourcing, education and community awareness raising before the law commences. 

Should you wish to discuss this article with one of our experienced Solicitors please contact us on 8525 2700, or click here to request an appointment with one of our Family Law Team.

Article by Shweta Kumar
Photo by Unsplash