Coercive control includes circumstances when a person repeatedly hurts, scares or isolates another person to control them. Coercive control can cause serious harm. The criminal offence includes repeated patterns of physical or non-physical abuse used to hurt, scare, intimidate, threaten or control a person.

Since 1 July 2024, coercive control has been a serious criminal offence under section 54D of the Crimes Act 1900 (NSW).  Coercive control is a criminal offence in New South Wales when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them.

Elements

The key elements are that it must be repeated, intentional, and a reasonable person would see it as likely to cause fear or harm or a serious impact on the victim’s life. 

An adult commits an offence if:

• an adult engages 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 course of conduct to coerce or control the other person, and
• a reasonable person would consider the course of conduct would be likely to cause any or all of the following, whether or not the fear or impact is in fact caused by fear that violence will be used against the other person or another person, or a serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary activities.

Common Behaviours 

Common behaviours that can amount to coercive control include monitoring phones, location or social media, isolating a person from family and friends, controlling money or stopping a person from working, constant humiliation, threats or intimidation. Or restricting who they see, where they go and what they wear or damaging property or harming pets to create fear.

It does not always involve physical violence and is recognised as a serious criminal offence in New South Wales. The maximum penalty is 7 years imprisonment.

In November 2022, the New South Wales Parliament passed the Crimes Legislation Amendment (Coercive Control) Act 2022. It was passed following the NSW Joint Select Committee on Coercive Control, where a criminal offence of coercive control was recommended. 

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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