Abusive conduct towards current or former intimate partners has been criminalised under the Crimes Legislation Amendment (Coercive Control) Act 2022. This law specifically targets coercive control, a pattern of abusive behaviours aimed at dominating or manipulating a person in an intimate relationship.

What Is Coercive Control?

Coercive control refers to a sustained pattern of behaviour that intimidates, isolates, or dominates another person. Unlike isolated incidents of violence, this offence targets ongoing abuse that may not always be physical but can have profound psychological effects on the victim.

Key Elements of the Offence

• Pattern of Behaviour: The law is designed to address ongoing coercive or controlling behaviour, not one-off incidents.
• Scope: The offence applies to behaviour directed at current or former intimate partners.
• Definition of Abuse: This includes violence, threats, intimidation, surveillance, and other behaviours intended to control or dominate.
• Intent: There must be intent on the part of the accused to coerce or control the victim.
• Impact on the Victim: The conduct must be serious enough that a reasonable person would consider it likely to cause fear of violence or a significant disruption to the victim’s daily life.
• Penalty: A person found guilty of coercive control may face a maximum prison sentence of 7 years.

Relevant Legislation

The offence is set out under Section 54D of the Crimes Act 1900 (NSW) and is part of a broader suite of reforms aimed at strengthening protections for victims of domestic abuse. These reforms also include changes to the Crimes (Domestic and Personal Violence) Act 2007, ensuring better recognition of non-physical forms of abuse and supporting the use of Apprehended Violence Orders (AVOs).

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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