Could The Government Criminalise “Controlling” Behaviour?

When we look back into the history of the criminal justice system, law enforcement agencies worldwide have measured the severity of domestic and family violence in terms of physical injury or violence inflicted on a victim. This has led to problems in identifying more subtle cases of abuse that involve manipulation, controlling or coercive behaviours and psychological abuse which unfortunately seems to often fly under the radar.  In order to broaden the spectrum of abuse that is recognised by law, countries across the globe (including the United Kingdom) have now criminalised coercive control, also known as “controlling behaviour”. In 2015, England and Wales marked history by becoming the first countries in the world to criminalise controlling behaviour, making it a crime that is punishable by a maximum penalty of up to five years in jail. A decade on from this monumental policy implementation, and the United Kingdom have cultivated stronger public awareness of the dangers of controlling or coercive behaviours and the relationship between these behaviours and criminal domestic violence cases.  And with domestic violence becoming a hot topic issue here in Australia, there’s one question left to ask: is the Australian Government looking to follow in the UK’s footsteps and officially criminalise controlling behaviours nationwide? Our team of Family Lawyers at Oxford Partners are here to answer this question today, sharing what constitutes controlling behaviour, and other key pieces of information that all Australian families should know surrounding domestic violence and seeking legal assistance.

What Is Controlling Behaviour?

“Controlling” behaviour is referred to in legal contexts as coercive control. Coercive control is defined by a pattern of controlling and manipulative behaviours within a relationship. In order to better understand what the blanket term controlling behaviour refers to, we have to look at situations in which coercive behaviour might be identified. Some of these situations include perpetrators instilling fear in their victims, showing signs of threatening behaviour and or intimidating someone as a method of controlling their behaviour and actions.  In many cases, coercive control is not always physical but pervades a victim’s daily life for a prolonged period of time. Victims may end up isolated from loved ones as well as losing their independence and access to money that is necessary to survive. In line with current laws, victims of domestic abuse who showcase physical injuries, bruises or lesions are able to apply for intervention orders in order to protect themselves from their abuser. Unfortunately, it is much more difficult for a victim to secure an intervention order when the abuse they are experiencing cannot be seen by the naked eye.

12 Potential Signs of Coercive Control

Whilst you may think it’s difficult to define coercive control, global networks of family counsellors and domestic violence investigators are working tirelessly to develop frameworks for domestic violence education. One of these frameworks provided by Relationships Victoria, outline 12 potential signs of coercive control. These are as follows:

1. Isolation
2. Monitoring
3. Denying freedom or autonomy
4. Gaslighting
5. Criticism
6. Limiting access to money
7. Forcing domestic duties
8. Weaponising children against a spouse
9. Controlling your health and/or body
10. Jealousy and violence 
11. Sexual control and sexual violence
12. Threatening children or pets as a form of intimidation

If you’ve observed any of these behaviours either in your own relationship or across your friends and family, consider filing a police report with your local police, or calling 1800RESPECT on 1800 737 732, a nation-wide sexual assault and domestic family violence helpline. If you feel you’re in immediate danger, we highly advise calling Triple 000 to secure urgent police assistance.

Coercive Control Laws in Australia: State by State

Currently, coercive control has only been criminalised in three Australian states, with other state governments also planning actions to criminalise controlling behaviours in the near future.

Coercive Control Laws in Victoria – CRIMINALISED

Whilst Victoria is regarded as the first state to recognise coercive control as a criminal act, Victorian law does not explicitly criminalise coercive control, but rather addresses these behaviours through the state’s existing family violence laws (as per the Family Violence Protection Act (2008) – Section 5: Meaning of family violence). This means that victims of domestic violence in Victoria can secure legal protection against abusers via intervention orders and can take further legal action including pressing charges against abusers.

Coercive Control Laws in Queensland – CRIMINALISED

Queensland became the second state (after Victoria) in Australia to formally criminalise coercive control under the state’s Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023. This amendment bill was officially passed in the Queensland Parliament on the 6th of March, 2024.   The maximum penalty for coercive control in Queensland is up to 14 years imprisonment.

Coercive Control Laws in New South Wales – CRIMINALISED

Coercive control was criminalised in New South Wales as of July 1st, 2024 under the state’s Crimes Legislation Amendment (Coercive Control) Act 2022. This makes New South Wales the third and final state in Australia to criminalise coercive control to date. The maximum penalty for coercive control in New South Wales is up to seven years imprisonment.  This recent decision to criminalise coercive behaviours in New South Wales came after the New South Wales Domestic Violence Death Review Team identified a strong correlation between reported cases of coercive control and intimate partner homicide deaths. According to their 2021 report, coercive control was recorded across 97% of domestic violence cases that ended in intimate partner homicides. This discovery prompted immediate action by NSW lawmakers.

Coercive Control Laws in South Australia – LEGISLATION UNDERWAY

In South Australia, lawmakers have committed to criminalising coercive control in response to public sentiments surrounding domestic violence. Today, South Australian lawmakers are still in the process of drafting legislation relating to the criminalisation of coercive control. It’s likely we will see coercive control be criminalised in South Australia in the very near future.

Coercive Control Laws in Tasmania – TBD

In Tasmania, coercive control is outlawed under the state’s general family violence laws, however coercive control is yet to be formally recognised or defined as a criminal act. Given evolving domestic violence risks in Australia, however, state lawmakers have agreed that action is essential. As of today, it’s unknown whether legislation is being drafted. 

Coercive Control Laws in Western Australia – LEGISLATION UNDERWAY

In Western Australia, the Cook Government has proposed amendments to the Restraining Orders Act 1997 to expand on the definition of 'family violence' to include specific references to coercive control. Whilst this proposed amendment is yet to be passed in Western Australian Parliament, sources say that it’s only a matter of time until the legislation is formally drafted and the amendment bill is passed.

Coercive Control Laws in the Northern Territory – TBD

In the Northern Territory, coercive control is outlawed under the state’s general family violence laws, however coercive control is yet to be formally recognised or defined as a criminal act. Given evolving domestic violence risks in Australia, however, state lawmakers have agreed that action is essential. As of today, it’s unknown whether legislation is being drafted.

Coercive Control Laws in the Australian Capital Territory – TBD

In the Australian Capital Territory, coercive control is outlawed under the state’s general family violence laws, however coercive control is yet to be formally recognised or defined as a criminal act. Given evolving domestic violence risks in Australia, however, state lawmakers have agreed that action is essential. As of today, it’s unknown whether legislation is being drafted.

Will Australia Criminalise Controlling Behaviour?

A question that is often asked is if Australia is going to follow the example of the UK and criminals' coercive behaviour. The NSW Government’s speedy response to their domestic violence investigation is testament to the fact that Australian lawmakers are ready to act. Both Queensland and NSW’s monumental legislation followed increased advocacy after the gruesome and merciless killing of Hannah Clark and her three children and the murder of Preethi Reddy.  However, even with these new legislations, significant structural and systemic issues must still be addressed in order for coercive control legislation to be both effective and equitable. Due to this, some domestic and family violence experts are urging caution.  One prime example of ongoing systemic concerns is the role of racial profiling and non-western cultural considerations in domestic violence cases. Unfortunately, the over-policing and racial profiling of marginalised communities may cause confusion for law enforcement, especially when victims or perpetrators do not speak English. In order for the criminalisation of controlling behaviour to be effective, further police training will be required to better prepare law enforcement for the rollout of such an offence. The family law system will also have to ensure that a system is set up to support and protect victims of coercive control.

Controlling Behaviour in Australian Law: Know your Rights

In a nutshell, it seems that Australia is well on its way to criminalising controlling behaviour nationwide, but the full effects of state legislation are still one half of the equation. A combination of extensive education for police and sector partners who respond to family and domestic violence is necessary in order to ensure that victims are supported in the best way possible. If you need any advice on a family law matter, do not hesitate to reach out to our team of trusted Melbourne Family Lawyers at Oxford Partners today.