From today, victim-survivors of domestic, family and sexual violence have stronger protections in New South Wales, with the criminalisation of coercive control and stronger bail laws coming into effect.
The New South Wales Government is working to provide enhanced, ongoing, wraparound support for victim-survivors of domestic, family, and sexual violence, and strengthened laws are an important foundation for this work.
As of today, New South Wales is the first Australian jurisdiction to have a standalone dedicated offence of coercive control.
Significant bail reforms, introduced to Parliament by the Minns Labor Government in May, will also come into effect from today, making it more difficult for those accused of serious domestic violence offences to get bail.
Criminalisation of Coercive Control
Following the passing of the Crimes Legislation Amendment (Coercive Control) Act 2022, if found guilty, perpetrators can face up to seven years in prison.
Coercive control is an insidious form of abuse which can manifest in different ways. It is a pattern of behaviour that may include financial and emotional abuse, violence and intimidation, threats against pets or loved ones, tracking someone’s movements, or isolating them from family and friends.
Coercive control has been strongly linked to intimate partner homicide. The NSW Domestic Violence Death Review Team has found that 97% of intimate partner domestic violence homicides in NSW between 2000 and 2018 were preceded by the perpetrator using emotional and psychological abuse as a form of coercive control towards the victim.
Training has been provided to ensure this law is appropriately implemented and prosecuted, and accompanied by support for victim-survivors:
- NSW Police have undergone, and are continuing, training to recognise and respond to the complex and nuanced signs of coercive control.
- The Office of the Director of Public Prosecutions, the Judicial Commission of NSW and Legal Aid have delivered training on coercive control to judicial officers, legal staff and key justice agencies.
- A free training program is being delivered to approximately 1,000 specialist domestic and family violence workers which will cover behavioural indicators, practical interventions, and how coercive control may be experienced in different communities.
Training and implementation have been overseen by the Implementation and Evaluation Taskforce and its reference groups.
Stronger bail laws to protect victim survivors
Under the new laws, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined.
This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail.
These offences include sexual assault, kidnapping, and choking to render someone unconscious with intent to commit another indictable offence.
The show cause test will also apply to the coercive control offence.
The unacceptable risk test in the Bail Act is also strengthened from today. Under these changes, before granting bail, bail decision makers must consider:
- ‘Red flag’ behaviour that could constitute domestic abuse, such as behaviour that is physically abusive or violent; behaviour that is sexually abusive, coercive or violent; behaviour that is stalking; behaviour that causes death or injury to an animal; behaviour that is verbally abusive; or behaviour that is intimidation.
- The views of victims and their family members about safety concerns in domestic violence matters involving intimate partners.
The commencement of this legislation also means that from today:
- The categories of offences for which bail decisions can be ‘stayed’ are expanded to include serious domestic violence offences, the coercive control offence, and serious sexual assault offences. This means that the accused person remains in custody while prosecutors bring a detention application before the Supreme Court.
- It is easier to prosecute perpetrators who use tracking devices in a domestic violence context.
Attorney General Michael Daley said:
“From today, coercive control in current and former intimate partner relationships will be a crime punishable by up to seven years’ imprisonment.
“Abuse against a current or former intimate partner is unacceptable and will not be tolerated.
“In terms of the bail laws, we believe in the presumption of innocence, but it is also important to recognise the right of victim survivors to be safe from harassment, intimidation or violence at the hands of a current or former intimate partner.
“The safety of victim-survivors must be a paramount consideration.”
Minister for Police and Counter-terrorism Yasmin Catley said:
“The criminalisation of coercive control in NSW is a significant day for victim/survivors. Not only does it add further legal weight to their experiences but gives the NSW Police Force another mechanism to address domestic and violence.
“NSW is leading the country with these laws. Criminalising coercive control sends a strong message: this vile, criminal behaviour is not tolerated.
“The mandatory training is thorough, it shows how seriously the NSW Police Force are taking this, and it ensures all operational police can identify and take action against coercive control offences in NSW. The feedback I’m getting from the police on the ground is that the training is valuable, comprehensive and officers feel well supported.”
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:
“The NSW Government is committed to keeping women and girls safe and reducing the incidents of domestic and family violence.
“Today’s commencement of coercive control and bail laws sends a strong message to perpetrators that abuse is unacceptable.
“We have listened to the lived experience of victim-survivors about reforms that are needed in the system, including implementing a Primary Prevention Strategy to address the drivers of violence and stop it before it starts.”