NSW is set to become the first Australian State or Territory to have a dedicated stand-alone offence of coercive control following the introduction of new laws.
Introducing the Crimes Legislation Amendment (Coercive Control) Bill 2022, Attorney General Mark Speakman said coercive control was a form of domestic abuse that involved patterns of behaviour that denied victim-survivors their autonomy and independence.
“Coercive control is a proven red flag for domestic violence homicide,” Mr Speakman said.
“It is no exaggeration to say this Bill could literally mean the difference between life and death,” he said.
“This offence is unlike any other coercive control offence in the world.”
Mr Speakman said the Bill was the product of extensive consideration and unprecedented consultation, “we have learnt from overseas jurisdictions’ experiences and built a bespoke offence that best reflects the diverse nature of our society in NSW, in terms of Aboriginal communities and culturally and linguistically diverse communities.”
He said the Bill would create an offence of coercive control with appropriate safeguards in the Crimes Act 1900.
“The stand-alone offence will carry a maximum sentence of seven years in jail and consists of five elements to be proved beyond reasonable doubt,” the Attorney General said.
He said the five elements included an adult engaged in a course of conduct repeatedly and continuously; the conduct was ‘abusive behaviour’ that involved violence, threats or intimidation, and/or coercion or control; and the conduct was intended to coerce or control the other person.
Mr Speakman said the elements to be proven also stipulated that the conduct would be likely to cause fear of violence or have an adverse impact on the victim-survivor’s day to day activities, and the conduct was directed at a current or former intimate partner.
“Across the nation, recognition of this abusive pattern of behaviour is growing, and our laws must change with it,” he said.
Minister for Women, Bronnie Taylor said coercive control involved patterns of behaviour where the perpetrator deliberately isolated victim-survivors from friends, family and support systems, “making detection even harder”.
