Coercive Control Bill Passes Lower House

The Crimes Legislation Amendment (Coercive Control) Bill 2022 (NSW) passed parliament on Wed 16 Nov 2022. It creates a dedicated offence for coercive control under the Crimes Act 1900 (NSW).

No other Australian states or territories have a stand-alone offence for coercive control – this legislation will make NSW the first.

This bill is highly significant for victims of family violence. As noted by Mr Mark Speakman in his Second Reading Speech, it will shift focus to “systematic patterns of behaviour” rather than individual acts of violence. However, the legislation will not come into effect immediately. An extra 14 – 19 months will be spent training and educating professionals and the community in preparation for the change.

The offense is detailed and will require that five elements are proven 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 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.

A number of stakeholders voiced their opposition to the bill, including Women's Legal Service NSW, Domestic Violence NSW and the Redfern Legal Centre. Along with claims that there was insufficient consultation for the bill, there were fears that the bill would be “under-utilised” at best and cause “issues of misidentification” at worst, said Domestic Violence NSW CEO Renata Field. First Nations people are at greater risk of being misidentified as the perpetrator rather than the victim. Additionally, the legislation is limited to intimate-partner violence, which means that children cannot be recognised as victims. Stakeholders suggested that further review and additional funding for training were required before the bill should be finalised.

“Coercive control is a proven red flag for domestic violence homicide. It is no exaggeration to say this bill could literally mean the difference between life and death,” Mr Speakman said.

The offence will carry a gaol sentence of up to seven years.

For more information on coercive control, see our recent article here.