Justice Fact Sheet
The NSW Government has formally responded to the NSW Parliamentary Joint Select Committee on Coercive Control. We are building on the Committee’s work by acting to criminalise coercive control in intimate partner relationships and further strengthen criminal justice system responses to abuse, in consultation with community.
What is coercive control?
Coercive control is a form of domestic abuse that involves patterns of behaviour which have the c um ulative effec t of denying vic tim – survivors their autonomy and independence. This abuse can include physical, sexual, psychological, or financial abuse.
Coercive control can be difficult to identify – from the outside, a relationship may appear to be “normal” despite the perpetrator using a range of abusive behaviours.
Why was the Joint Select Committee on Coercive Control established?
The NSW Government developed a comprehensive discussion paper and moved to establish the Parliamentary Joint Select Committee in October 2020 to allow for a public inquiry that could examine coercive control, in detail. This was the best approach to ensure all interested parties could share their views on this difficult area in a thorough and thoughtful way. This also followed the NSW Domestic
Violence Death Review Team (DVDRT) report 2017-2019 that found that coercive and controlling behaviour is a common precursor to intimate partner homicide.
More than 150 submissions were presented to the committee as part of the inquiry and five days of public hearings were held. A regional visit to Narrandera to meet victim-survivors, First Nations organisations, frontline services and charities was also included in the process.
The Committee found that NSW laws do not respond as well as they could to coercive control and there is a poor understanding of this form of abuse in the community. The Committee’s final report made 23 recommendations for non-legislative and legislative reform to better respond to coercive control, including expanding public education and improving current domestic abuse laws.
What is the NSW Government’s response to the Final Report of the Joint Select Committee on Coercive Control?
The NSW Government is supporting 17 of the Committee’s recommendations in full, in part or in principle and noting six recommendations that require further consideration and evaluation.
Why is law reform needed?
NSW law already recognises that “domestic violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years” in section 9(3)(d) of the Crimes (Domestic and Personal Violence) Act 2007.
One of the issues the Committee considered was whether our existing legal system can better recognise the impact of coercive control by creating a specific criminal offence instead of relying on existing criminal offences (like stalking or intimidation) which are able to address some elements of coercive and controlling behaviours; and/or amending existing laws to better respond to this conduct.
The NSW Government recognises that this is a complex area of law and there are diverse views on whether creating a new offence to address coercive control or whether improving existing laws is preferable. The Committee recommended six different legislative reforms which warrant further investigation.
The NSW Government is committed to building on the Committee’s work by developing and consulting on drafting for a stand-alone offence to address coercive control in current and former intimate partner settings, as well as possible amendments to other existing laws.
The NSW Government is mindful that any legislative reform must be approached with great caution to ensure it does not have any unintended consequences and that the laws strike the right balance, avoiding over-reach.
Which organisations are consulted as part of this process?
Extensive public consultation on this important issue has already occurred as part of the Committee’s inquiry. The NSW Government response is informed by the 156 stakeholder submissions to the Committee, including from legal stakeholders, victim-survivors ’ advocates, health professionals, LGBTQIA+ advocates, Aboriginal and Torres Strait Islander representatives, CALD community advocates and academics.
Further consultation will be undertaken during the drafting stage of any potential reform as well as pre implementation – to ensure the proposed reforms are carefully developed and able to be implemented effectively and safely. Once a Bill has passed, there would be a period to enable the considerable prior program of education, training and consultation with police, stakeholders and the frontline sector to occur, as recommended by the committee.
What other steps is the NSW Government taking?
The NSW Government recognises the importance of comprehensive and appropriate training on coercive control across our systems and community. A public awareness campaign about coercive control will be developed and delivered in consultation with stakeholders , including with culturally and linguistically diverse and First Nations communities and organisations. The Department of Education will review school programs about respectful relationships to ensure these include content about coercive and controlling behaviour.
Work is already underway to review and improve the Domestic Violence Safety Assessment Tool, and to deliver the NSW Police Force and Women’s Domestic Violence Court Advocacy Program’s co-location pilot program at five trial sites followed by formal evaluation.
Our response to domestic and family violence already includes significant investments across a range of areas, such as housing, crisis accommodation, counselling services, case management services, court advocacy, policing, education and health.
The 2021-22 Budget provided enhanced funding for this important work to strengthen frontline domestic and sexual violence services across NSW. In October 2021 we announced an additional $484.3 million – the single biggest investment in tackling domestic and family violence in the State’s history. These commitments underscore the NSW Government’s determination to tackle the scourge of domestic abuse across our communities.
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