In a significant legislative advancement, the New South Wales (NSW) government has enacted the Crimes Legislation Amendment (Coercive Control) Act 2022, which introduces a comprehensive framework targeting coercive control and abusive behaviour within intimate relationships.

The Act amends the Crimes Act 1900 to include a new Division 6A, specifically targeting abusive behaviour towards intimate partners. Under Section 54D, the legislation establishes a precise offence for engaging in a “course of conduct” that comprises abusive behaviour intended to coerce or control an intimate partner. The offence carries a maximum penalty of seven years imprisonment.

Definition of Abusive Behaviour

Section 54F provides a comprehensive definition of “abusive behaviour,” encompassing violence, threats, intimidation, and various forms of coercion and control. The addition of coercion and control is crucial for recognising domestic abuse, which often involves manipulation and domination. Section 54F(2) illustrates types of behaviour that may constitute abuse, including:

  • Harm to children and adults, specifically harm caused by a person failing to comply with demands.
  • Economically or financially abusive behaviour, such as withholding financial support necessary for basic living needs and unreasonably restricting or regulating a person’s employment or control over their income.
  • Shaming, degrading, and humiliating behaviour.
  • Harassment and monitoring.
  • Destruction of property.
  • Isolation from family and culture.
  • Harm to animals.
  • Deprivation of liberty includes unreasonable demands about how a person operates their social or sexual autonomy, making threats for failing to comply with demands, denying a person access to food, clothing, or sleep, and withholding medical care.

Course of Conduct and Procedural Requirements

Section 54G outlines the “course of conduct” necessary for an offence, specifying that abusive behaviour must be repeated or continuous. Notably, the prosecution is not required to determine particulars of individual incidents if they collectively demonstrate a pattern of abusive behaviour (Section 54H). This approach recognises the cumulative impact of coercive control, which often manifests over time rather than through isolated incidents.

Defences and Exemptions

Section 54E introduces a defence for actions deemed reasonable in all circumstances. This provision ensures that the legislation targets genuinely abusive behaviour while allowing for contexts where the conduct may be justified or reasonable. The defence is available if the evidence suggests that the course of conduct was reasonable, and the prosecution cannot prove beyond a reasonable doubt that it was not.

Changes to Crimes (Domestic and Personal Violence) Act 2007

The Act also amends the Crimes (Domestic and Personal Violence) Act 2007, introducing a new definition of “domestic abuse” under Section 6A. This definition encompasses behaviours that coerce, control, or cause fear for safety and well-being within domestic relationships.

The Crimes Legislation Amendment (Coercive Control) Act 2022 represents a significant evolution in the legal response to domestic violence in New South Wales. By recognising a wide array of abusive behaviours, the legislation offers enhanced protection for victims, who may have previously found it challenging to seek justice for non-physical forms of abuse. The inclusion of economic, psychological, and emotional abuse in the legal framework marks a progressive shift towards a more inclusive understanding of domestic violence. Support services will play a critical role in the implementation of this legislation. Providing adequate resources and support for victims is essential to ensure they can safely come forward and seek help.

If you or someone you know needs advice in this or any area of Family or Criminal Law you can contact our Sutherland office by calling – 9525 8688 – or by email – wmd@wmdlaw.com.au