Coercive Control (NSW)

In July 2024, a standalone offence offence of coercive control was introduced in New South Wales. The offence is committed when an adult engages in a course of conduct designed to coerce or control an intimate partner. The offence was introduced in response to longstanding pressure on legislatures to amend family violence laws to better reflect the realities of how such violence commonly plays out. This page outlines the new offence of coercive control in New South Wales.

What is coercive control?

The new offence, which is contained in section 54D of the Act, makes it an offence for an adult to:

• engage in a course of conduct against another person that consists of abusive behaviour; and
• the adult and the other person are or were intimate partners; and
• the adult intends the conduct to coerce or control the other person;
• a reasonable person would consider the course of conduct to be likely to cause either (a) a fear that violence will be used on a person or (b) a serious adverse impact on the person’s capacity to engage in ordinary day-to-day activities.

The offence is punishable by up to seven years imprisonment.

What is abusive behaviour?

Under section 54F, abusive behaviour means behaviour that consists of:

• violence or threats against a person; or
• coercion or control of the person.

Examples of behaviour that may amount to coercive control are:

• behaviour that causes harm to a person if demands are not complied with;
• financially abusive behaviour, such as withholding financial support necessary for meeting a person’s reasonable living expenses, preventing or restricting a person from being employed or having access to their income or financial assets;
• behaviour that shames, degrades or humiliates;
• behaviour that harasses a person or monitors their activities;
• behaviour that damages or destroys property;
• behaviour that prevents a person from maintaining their connection with family or from participating in cultural or spiritual practices;
• behaviour that injures or kills an animal;
• behaviour that deprives a person of their liberty.

Defence

Under section 54E, a person has a defence to a charge of coercive control if their conduct is reasonable in all the circumstances.

Why an offence of coercive control?

The criminalisation of coercive control in New South Wales follows the tabling of a discussion paper on coercive control in October 2020 and extensive community consultation. Family violence is often characterized by a pattern of coercion and control used to undermine a person. Subtle controlling behaviour that is difficult to detect from outside of the relationship is often described by victims as the ‘worst part’ of family violence and the most difficult part to recover from. Research has also found that the occurrence of coercive control is a predictor of intimate partner homicide, which occurs in Australia at a rate of one every nine days (where the victim is female) and one every 29 days (where the victim is male).

In the past, New South Wales criminal laws have been able to prosecute coercive control behaviour only through the offence of intimidation/stalking. This offence is effective in criminalizing some, but not all, forms of coercive control. The introduction of a standalone offence of coercive control is intended to address a destructive aspect of family violence that has previously fallen outside of the scope of criminal law. It is hoped it will lead to offenders being held responsible for the full extent of their abusive behaviour rather than only for individual instances.

Responses to the new law

The introduction of the new offence has been welcomed by many in the family violence and legal sectors. However, it has also been met criticisms of the way the offence is drafted and doubts as to how effective the legislation will be.

Criticisms of the reforms have included that the new offence relies on police and other first responders to correctly identify the signs of psychological and economic abuse, which are often subtle and difficult to detect. Victims may be unwilling to talk to police and others about their experiences, leading to concerns that further criminalisation of abusive behaviour may not be the best way forward. It has also been pointed out that the offence includes a narrow definition of ‘relationship’ which may not capture all the instances of abusive behaviour that it is designed to address, particularly within Indigenous communities.

The amending legislation will be reviewed in three years times to assess whether it is functioning as intended and whether further changes are needed.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.