Moderated by Avinash Singh, principal at Astor Legal, the panel discussed the proposed criminalisation of coercive control in NSW and the recently released draft Crimes Legislation Amendment (Coercive Control) Bill 2022 in particular.

The release of the coercive control bill follows the criminalisation of coercive control in July last year, wherein the joint select committee on coercive control unanimously agreed to criminalise coercive control in NSW, following five days of hearings.

As defined by NSW Attorney-General Mark Speakman in a statement criminalising the behaviour in NSW: “Coercive control is a term used to describe domestic abuse that involves repeated patterns of behaviour — which can include physical, sexual, psychological, emotional or financial abuse — the cumulative effect of which robs victim-survivors of their autonomy and independence.”

This can include anything from yelling, ridiculing, gaslighting and general verbal and emotional abuse.

Ms Phillips said that whilst these behaviours can sometimes not appear to be criminal in nature, the combination of these tactics can be extremely harmful to victims over time and have a powerful impact over them and limiting their independence, choices and freedoms.

“This complexity doesn’t lend itself easily to criminalisation. Nevertheless, the NSW domestic violence death review team have noted that coercive control is present in all domestic and family violence situations — and people who work with victim-survivors will often say that coercive control is present in every case, in some way, shape or form.

“Our current legislation fails to provide an accurate and just response for victim-survivors, leaving people unprotected, their experience of abuse invisible and invalidated and giving free [rein] to perpetrators knowing they can engage in this behaviour without any consequences. There is some hope that legislation will increase understanding of coercive control, and hope that criminalisation could also provide greater access to valuable support via victims’ services.”

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The consultation bill was released on 20 July 2022 as a result of the government issuing a discussion paper that was referred to a parliamentary committee. At the hearings conducted by this committee, there was a general consensus that there was a “gap in the legislative framework”, according to Judge Musgrave.

“The [resulting] recommendations were aimed primarily at legislative amendment, [as well as] training and stakeholder consultation and funding. When the government response was released, there was a statement made. What the government said was that ‘any legislative reform must be approached with great care and caution, to ensure it does not unintentionally put in further danger those in our community we are seeking to help’,” she said.

Ms Graczol added that the new regulations would be a big adjustment — and would need funding and time put into additional training for law enforcement and legal professionals.

“This legislation is coming. The government is committed to it. They are meeting their deadlines, which we don’t always see in such a complicated area. I think it’s good to acknowledge from the outset that whatever form the bill ends in, it’s going to be a complex offence. I think it’s really incumbent on all lawyers, whether you’re a prosecutor or defence, to educate yourself about the legislation when it’s settled and take up any opportunities in terms of education that are provided to you,” she said.  

“It’s not law we’ve seen before, it’s a new offence. I’d recommend if you’re working in criminal law to read the report from the joint committee because they give updates on the other jurisdictions and where they’re up to. I would also say that the role of a lawyer is to really provide feedback on the draft bill — so now’s the time to provide your feedback.”