In light of escalating community concerns regarding the increasing number of domestic violence homicides in Australia, coercive control has been criminalised as of 1 July 2024 in the state of New South Wales, Australia. Other Australian states have also made legislative changes, in particular, Queensland. These changes were influenced by the tragic murder of Hannah Clarke and her three children by her ex-partner, highlighting how dangerous coercive control can be.

New South Wales law:

Section 54D [Abusive behaviour towards current or former intimate partners] was inserted into the Crimes Act 1900 (NSW), as part of reforms introduced by the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW).

In effect, the amendment criminalises abusive behaviours that are directed at current, or former, intimate partners with the intention of controlling or coercing them. Initially, the abuser may use emotional manipulation techniques such as love bombing or gaslighting to control the (ex)partner’s emotions and sense of self-worth, and rewire their reality.

The new NSW offence centres on repeated patterns of physical or non-physical abuse, which are used to harm, intimidate, or exert power and control over another person. The maximum penalty is seven years in prison.

Coercive control behaviours:

Whilst in the past, domestic and family violence focussed on physical violence, coercive control involves a pattern or course of conduct involving various types of controlling behaviour. These behaviours can include:

  • Harassment, monitoring, or tracking – this may include unwanted contact, monitoring a person’s behaviour or whereabouts, and include placing hidden tracking devices on vehicles.
  • Shaming, degrading, or humiliating – this may include public criticism, designed to punish and exclude, or verbal belittling and demeaning, causing a person loss of dignity or respect and leading a person to feel worthless. The ‘silent treatment’ can also be a form of degradation too.
  • Threats or intimidation – threats are a direct intention to cause harm to a person or their property, including their pets. Threats can be verbal but can also be conveyed via phones, mail, or online messages. Intimidation is conduct that causes the person to fear for their safety. This includes any conduct which is intended to frighten or cause mental distress to the person, and can be express or implied through unwanted actions.
  • Financial abuse – this can include when someone takes away your access to money, or spends your money without consent. It can also involve restricting your access to your bank accounts, credit cards or cash; pressuring you into asking them for permission to spend your own money; withdrawing or transferring large amounts of money from a joint bank account; refusing to contribute to child support; or controlling or limiting your ability to work and earn income.
  • Social isolation or cultural abuse – This is behaviour that aims to keep you disconnected from family, friends, or the wider community. Cultural abuse can include not permitting you to practice your religion or cultural practices, and/or attempting to justify violence or abuse with religion or spiritual practices.

Coercive control and domestic and family violence generally can leave a lasting imprint on a person’s psyche, and they may require therapy to overcome this cruel treatment. In order to heal, a person may need to confront their feelings, and work on rebuilding their self-esteem and self-worth in order to improve their mental (and physical) health. Working on setting healthy boundaries with those who perpetuate this behaviour can also help – even better if they are able to leave the abusive partner and start a new life, although it is not easy. It takes seven attempts on average for someone to leave a domestic abuser.

In the first months of the new law’s commencement, NSW Police recorded 23 incidents in July 2024, which then increased to 33 in August 2024. According to the NSW Bureau of Crime Statistics and Research (BOCSAR), the average case involving at least three types of controlling behaviours. The criminalisation of coercive control and the legal recognition of the abusive, systematic patterns of behaviour in intimate relationships is a step in the right direction towards consciously creating a culture of respect and empathy, and treating each other with kindness and compassion.