Understanding the new Coercive Control Law in NSW (July 2024)
From July 2024 the Crimes Legislation Amendment (Coercive Control) Act 2022 No. 65 comes into effect which recognises coercive control as a criminal offence in NSW. The change in legislation has come in response to the discussion paper that was tabled in October 2020. The bill introducing the offence of coercive control was passed through state parliament earlier this year.
What is Coercive Control?
Coercive control is when a person uses abusive behaviours towards a current or former intimate partner with the intention to control them. The patterns of behaviour deny the victim independence and autonomy in their lives. Coercive control can include: physical, sexual, psychological, emotional, spiritual and financial abuse.
Coercive control not only occurs in intimate partner relationships; however, statistics show that in 97% of intimate partner domestic violence homicides cases, the victim had experienced coercive and controlling behaviours before being killed. (New South Wales Domestic Violence Death Review Team, Report 2019-2021).
The new legislation (outlined in section 54D of the Act) makes it an offence to:
(a) Engage in a course of conduct against another person that consists of abusive behaviour, and
(b) the adult and other person are or were intimate partners, and
(c) the adult intends the course of conduct to coerce or control the other person, and
(d) a reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause any or all of the following, whether or not the fear or impact is caused:
(i) fear that violence will be used against the other person or another person, or
(ii) a serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day-to-day activities.
How is abusive behaviour defined?
In section 54F of the legislation, abusive behaviour is defined as behaviour that consists of or involves:
violence or threats against, or intimidation of, a person, or
coercion or control of the person against whom the behaviour is directed.
For example this could include:
behaviours that cause harm to a child;
behaviours that cause harm to a person if that person fails to comply with demands made from another person;
behaviour that is financially abusive such as limiting access to money for reasonable living expenses;
behaviour that shames, degrades or humiliates another person;
behaviour that harasses a person or monitors their communication and daily movements either physically or electronically;
behaviour that causes damage or destruction to property;
behaviour that prevents a person from having contact with family, friends or participating in cultural practice;
behaviour that causes injury or death to an animal;
behaviour that restricts a person’s freedom and controls their day to day activities.
The maximum penalty for a person found guilty of coercive control is 7 years imprisonment.
What is a course of conduct?
Section 54G of the legislation defines a "course of conduct" as behaviour that is repeated or continuous. This behaviour does not have to be consecutive or uninterrupted and can take place either in NSW or another jurisdiction.
The introduction of the Act is a positive step forward in addressing domestic violence in NSW. By recognising coercive control as a criminal offence, this legislation provides a crucial tool for protecting victims and helping to reduce this type of abuse in NSW.
If you are experiencing coercive control or domestic abuse help is available by calling 1800 RESPECT (1800 737 732) for 24/7 support.
If you need assistance to navigate the complexities of Family Law and domestic violence or coercive control our experienced team can help guide you to a resolution. Please call us on 1300 676 267 to arrange a time for a free 15 minute consultation.
Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.