Coercive control NSW is often called ‘the silent scream.’ It is a form of domestic and family violence often invisible to the outside world. The abuser uses a variety of tactics to control their victim, such as isolation, intimidation, and economic or financial abuse. Moreover, the victim may not even realise that they are facing abuse.
Furthermore, coercive control NSW is just as serious as physical violence. It can have a devastating impact on the victim’s mental and emotional health. Also, it can lead to depression, anxiety, and post-traumatic stress disorder. Moreover, it can also make it difficult for the victim to leave the relationship.
Coercive Control Laws: Crimes Legislation Amendment (Coercive Control) Act 2022 No. 65
The Crimes Legislation Amendment (Coercive Control) Act 2022 No 65 Australia is a new law that criminalises coercive control in Australia. Coercive control NSW is a pattern of controlling and manipulative behaviour used to dominate and control another person. It can include isolation, intimidation, withholding financial support, and controlling the victim’s social media accounts.
This Act is the NSW Government’s response to introduce a standalone offence of coercive control. This law aims to form improved responses to family and domestic violence by better defining the extent of its totality and reflecting the lived experience of victim-survivors.
Moreover, this Act is essential in recognising the full experience of intimate partner violence. It upholds the safety of victims and most importantly, holds perpetrators to account for their choice to use family violence and abuse.
The purpose of the law is to protect victims of coercive and controlling behaviour and send a message that this behaviour is unacceptable. It is also hoped that the law will help to raise awareness of coercive control and to encourage victims to seek help.
Legal Definition of Coercive Control NSW
Section 54D of the Act provides that coercive control NSW is committed when:
- An adult engages in a course of conduct against another person that consists of abusive behaviour.
- An adult and other person are or were intimate partners.
- An adult intends the course of conduct to coerce or control the other person.
- A reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause any or all of the following, whether or not the fear or impact caused:
- fear that violence will be used against the other person or another person, or
- a serious adverse impact on the other person’s capacity to engage in some or all of the person’s ordinary day-to-day activities.
Furthermore, the law states that the course of behaviour can be made up of any number of abusive actions, and to determine if the course of behaviour is abusive, one must look at all of the actions as a whole.
What Is Abusive Behaviour?
Section 54F defines this terminology as:
- violence or threats against, or intimidation of, a person
- coercion or control of the person against whom the behaviour is directed
- behaviour that causes harm to a child if a person fails to comply with demands made of the person
- behaviour that causes harm to the person against whom the behaviour is directed, or another adult, if the person fails to comply with demands made of the person
- behaviour that is economically or financially abusive
- behaviour that shames, degrades, or humiliates
- behaviour that directly or indirectly harasses a person or monitors or tracks a person’s activities, communications or movements
- behaviour that causes damage to or destruction of property
- behaviour that causes injury or domestic violence related deaths. This may include an animal or otherwise makes use of an animal to threaten a person
- behaviour that deprives a person of liberty restricts a person’s liberty, or otherwise unreasonably controls or regulates a person’s day-to-day activities.
Salient Parts of the Act
Here are some of the key elements of the law:
- The law defines coercive control as a pattern of behaviour that is used to control or dominate another person. The behaviour must be repeated or ongoing, and it must seriously affect the victim’s life.
- The law covers a wide range of behaviours, including:
- Isolation. Controlling the victim’s movements, preventing them from seeing friends or family, or isolating them from their community.
- Intimidation. Threatening the victim, making them feel scared or threatened, or using violence or the threat of physical violence or emotional abuse.
- Economic abuse. Controlling the victim’s finances, preventing them from accessing money, or making them financially dependent on the abuser.
- Controlling the victim’s social media accounts. Monitoring the victim’s social media accounts, controlling who they can and cannot talk to online, or using social media to harass or intimidate the victim.
- The law applies to current and former intimate partners. This means that it can be used to prosecute someone who is currently in a relationship with the victim, or someone who was in a relationship with the victim in the past.
- The maximum penalty for coercive control is 7 years in prison.
The law is a significant step forward in the fight against domestic violence in Australia. It is the first law in Australia to specifically criminalise coercive control. Additionally, the law is expected to positively impact victims of coercive control and help reduce the incidence of this type of abuse.
If you are experiencing coercive control, resources are available to help you. Contact the Department of Social Services (DSS) at 1800RESPECT or 1800 737 732 (Australia-wide hotline). For State or Territory crisis hotlines, check out this website.
The Implementation and Evaluation Task Force
The Act also mandates the creation of an Implementation and Evaluation Taskforce (the Taskforce), which will advise the Minister on matters such as:
- training and education
- precise start dates
- stakeholder involvement, particularly with reference groups for certain industries.
Section 54I(3) of the Act enumerates the purpose of the Taskforce. These are the following:
- To consult with stakeholders, including reference groups established under this section, about the offence under section 54D (the coercive control offence) and related matters.
- To provide advice about, and monitor, training, education and resourcing in relation to the coercive control offence.
- To provide advice about the commencement dates of, and interaction between, the definition of domestic abuse in the Crimes (Domestic and Personal Violence) Act 2007, section 6A and the coercive control offence.
- To evaluate the implementation of the coercive control offence and resourcing in relation to the coercive control offence.
- To monitor the operation of the practical application of defences to the coercive control offence and the resourcing in relation to the operation of this Act.
- To provide advice to the Minister about other related matters.
Seeking Legal Help
Are you seeking legal help for domestic violence or coercive control NSW? If you are, you are not alone. Domestic violence and coercive control are serious crimes, and domestic violence lawyers can help you get justice and community awareness.
A lawyer can help you understand your rights, protect yourself from further abuse, and pursue legal action against your abuser. Our team of competent lawyers at JB Solicitors can help you navigate the legal system and ensure you get the best possible outcome.
If you are looking for a lawyer who specialises in domestic violence or coercive control, there are a few things you should keep in mind:
- Make sure the lawyer is experienced in dealing with these types of cases.
- Ask about the lawyer’s fees and payment arrangements.
- Make sure you feel comfortable with the lawyer and trust them to represent you.
Get help now. Contact us today.
