An attempt to develop new laws to clamp down on domestic and family violence has been announced by the Attorney General and Minister for the Prevention of Domestic Violence, Mark Speakman.
Commenting that a special Discussion Paper on ‘coercive control’ had been developed to detail the key issues, Mr Speakman said a Parliamentary Joint Select Committee would also be established to hold a public inquiry to examine the matter in detail.
“Domestic violence victim-survivors, frontline services, legal experts, law enforcement, academics and the community will soon have the opportunity to share their views on whether to criminalise coercive control in NSW,” Mr Speakman said.
“The horrific rate of domestic violence murders in Australia remains stubbornly consistent and coercive and controlling behaviour is a common precursor to intimate partner homicide,” he said.
“Creating a coercive control offence would be a complex though potentially very worthwhile reform that could help prevent these homicides.”
He said the public inquiry would be guided by the Discussion Paper.
“Coercive control is a form of domestic abuse involving repeated patterns of abusive behaviour,” Mr Speakman said, “which can include physical, sexual, psychological, emotional or financial abuse, the cumulative effect of which is to rob victim-survivors of their autonomy and independence.”
“The impact of this abuse is abhorrent, but the appropriate response to this behaviour remains an ongoing challenge for law enforcement and legal minds alike,” he said.
“Thorough research, consultation and careful consideration is crucial to avoid risks such as misidentifying victims as offenders or capturing behaviour that ought not to be criminalised.”
He said the Discussion Paper highlighted a number of the key issues, including how to define ‘coercive control’; the experiences of other jurisdictions responding to it; how it was currently considered in NSW legal proceedings; the potential benefits and practical challenges associated with criminalising it; and other avenues for legislative reform.
The 75-page Discussion paper can be accessed at this PS News link.
