Recent research found that 99% of intimate partner homicides in New South Wales between 2008 and 2016 involved evidence of “coercive control” within the relationship before the homicide occurred.
In 2022, the NSW Parliament introduced legislation to criminalise coercive control in an effort to prevent intimate partner homicide. From July 2024, coercive control became a criminal offence in New South Wales under amendments to the Crimes Act 1900 (NSW).
The introduction of these laws represents a significant change in the way the legal system responds to domestic violence. Legislators hope the offence will help protect victim-survivors and prevent further instances of coercive control and domestic abuse.
The NSW Government has explained that the reforms aim to improve responses to patterns of controlling behaviour and address domestic and family violence earlier. Further information about the reforms is available through the NSW Government coercive control reforms.
What Is Coercive Control?
Coercive control occurs when a person uses repeated behaviours to dominate and control their partner in an intimate relationship.
This type of behaviour often involves tactics such as isolation, manipulation, intimidation, monitoring, and financial control. Over time, these behaviours can have a cumulative effect, denying victim-survivors their independence and ability to make decisions freely.
Coercive control is not usually a single incident. Instead, it involves a pattern of behaviour that creates fear and limits a person’s freedom within a relationship.
How Is Coercive Control Defined Under NSW Law?
Coercive control is behaviour that:
- Forms part of a pattern of behaviour;
- Aims to control, dominate, or intimidate a person in a domestic relationship;
- Causes the victim to fear for their safety or the safety of another person; and
- Would cause a reasonable person in the victim’s circumstances to fear for their safety or the safety of another person.
Examples of behaviour that may amount to coercive control include:
- Isolating a person from friends and family;
- Controlling access to money or financial resources;
- Monitoring a person’s movements, communications, or activities;
- Using threats or intimidation to influence behaviour; and
- Creating fear to control decisions within the relationship.
Why Was Coercive Control Criminalised in NSW?
Research has shown a strong link between coercive control and domestic violence-related deaths. The Australian Institute of Criminology has published research examining the relationship between domestic violence, coercive control, and intimate partner homicide.
A person’s need to maintain control over their partner can escalate to serious violence. In some cases, this escalation can result in intimate partner homicide.
Coercive control can also create circumstances where a victim feels trapped and unable to leave an abusive relationship. A person using coercive control may convince their partner that they have no support, no financial independence, or no ability to leave.
This behaviour can make it more difficult for victim-survivors to seek help or access support services. As a result, coercive control can increase the risk of further violence.
What Are the NSW Coercive Control Laws?
The NSW coercive control laws aim to address patterns of controlling behaviour before they escalate into serious domestic violence.
The courts have the power to impose penalties for coercive control offences. The maximum penalty is seven years imprisonment.
The legislation also gives police and courts additional powers to intervene and protect victims of domestic violence.
Coercive Control and AVOs
Police can issue provisional Apprehended Violence Orders (AVOs) to protect victims of domestic violence before a final hearing takes place.
An AVO can restrict a person’s behaviour and prevent them from contacting or approaching the protected person.
Breaching an AVO is a criminal offence and may result in imprisonment or a fine.
Criticisms of the NSW Coercive Control Legislation
Although many organisations support criminalising coercive control, some groups have criticised aspects of the legislation and argued that it does not go far enough.
The Law Only Applies to Intimate Partner Relationships
The legislation only applies to intimate partner relationships. This means that family relationships outside intimate partnerships are not included within the offence.
Some domestic violence organisations have raised concerns that this limitation may leave some forms of controlling behaviour outside the scope of the law.
The Requirement to Prove Intention
Another criticism relates to the requirement to prove that the perpetrator intended to control their partner.
It is not enough to show that a reasonable person would consider the behaviour controlling. The prosecution must establish that the purpose of the behaviour was to control, dominate, or intimidate the victim and that the perpetrator knew this was their intention.
For example, if a person believed they had the right to control all financial decisions within the relationship, it may be more difficult to establish that they consciously intended to engage in coercive control under the legislation.
Concerns About Victim Protection
Some domestic violence groups have warned that the legal threshold may be difficult to meet in practice.
Critics argue that victims may believe a perpetrator will face criminal consequences, only to find that police or courts cannot proceed without sufficient evidence of intention.
This has raised concerns that victims may not receive the protection they expect from the new offence.
NSW Government Position
The NSW Government has stated that the legislation aims to provide protection to victims while avoiding the over-criminalisation of behaviour that does not meet the legal definition of coercive control.
The Government has also acknowledged concerns about the potential impact of criminal laws on the over-representation of Aboriginal and Torres Strait Islander people in the prison system.
Frequently Asked Questions About Coercive Control NSW
Is coercive control a criminal offence in NSW?
Yes. Coercive control became a criminal offence in New South Wales from July 2024 for certain intimate partner relationships.
What are examples of coercive control?
Examples include isolating someone from friends and family, controlling finances, monitoring their movements, using threats, and intimidating someone to influence their choices.
Can coercive control lead to imprisonment?
Yes. The maximum penalty for a coercive control offence in NSW is seven years imprisonment.
Can coercive control affect an AVO?
Yes. Police and courts can use AVOs and other protective measures to respond to domestic violence, including situations involving coercive control.
Get Legal Advice About Coercive Control and Domestic Violence
Coercive control involves repeated conduct used to dominate and control a partner in an intimate relationship.
The introduction of NSW coercive control laws represents a significant change in how the legal system responds to domestic violence and controlling behaviour.
If you or someone you know wants more information or needs help or advice, please contact us on (02) 9818 2888 or email [email protected].