Coercive control laws now in effect

From 1 July 2024, coercive control in current and former intimate partner relationships will become a criminal offence in New South Wales.

The Crimes Legislation Amendment (Coercive Control) Act 2022 which was passed in November 2022, defines domestic abuse as a pattern of repeated behaviours of physical or non-physical abuse that hurt, scare, intimidate, threaten or isolate another person with the intent to coerce or control them. This can be any combination of behaviours if when viewed in its totality, is abusive.

The legislation provides a non-exhaustive list of behaviours that may constitute abusive behaviour being:

• Behaviour that causes harm to a child, another adult or the person against who the behaviour is directed;
• Behaviour that is economically or financially abusive;
• Behaviour that shames, degrades or humiliates;
• Behaviour – whether physical or using technology - that harasses, monitors or tracks a person;
• Behaviour that causes damage or destruction of property;
• Behaviour that prevents or isolates a person from keeping connections with family, friends or engaging in cultural practice;
• Behaviour that threatens or causes injury or death to an animal to threaten the person; and
• Behaviour that deprives or restricts a person’s liberty or unreasonably controls a person’s day-to-day activities.

To be found guilty of domestic abuse, the Prosecution must establish a repeated or continuous pattern of abusive behaviour even if each incident relied on wouldn’t be its own separate offence.

Upon a finding of guilt, the offence carries a maximum term of imprisonment of 7 years.

However there is a defence available in the legislation that if evidence suggests the pattern of behaviour that is alleged to be abusive is reasonable in all the circumstances and the Prosecution cannot prove otherwise, there must be a not-guilty verdict.

Do you need criminal law advice? At Kells, our criminal lawyers provide their first consultation free of charge. Reach out to our experienced and understanding criminal lawyers for advice.



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