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New domestic violence laws, youth program introduced in SA

The South Australian government has reinforced its commitment to addressing domestic violence with a new draft bill aimed at criminalising controlling and abusive behaviours and a program designed to break the cycle of intergenerational violence. 

user iconNaomi Neilson 13 September 2021 Big Law
New domestic violence laws
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Attorney-General Vickie Chapman said the draft bill – which is now open to public submissions – was designed to address a number of behaviours associated with and indicative of domestic violence. It will specifically target a partners’ coercive control, a type of abuse that is often a precursor to domestic homicide. 

“Be it emotional, physical or mental abuse – this type of controlling behaviour can isolate a victim and erode their confidence, autonomy and wellbeing,” Ms Chapman said. “It’s quite often subtle but, over time, has potentially devastating outcomes.” 

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Examples of coercive control include when a perpetrator tracks a victim’s every move either in-person or digitally, controls what the victim wears, how they behave and what they eat, or humiliates and degrades them either publicly or privately. 

The draft bill seeks to create a new criminal offence of abusive behaviour towards a current or former partner, with those found guilty to face up to five years jail or seven years where the perpetrator involves a child in the abuse by threatening to hurt them. 

Under the proposed bill, the behaviour would have to be considered “unreasonable” and occur on at least two or more occasions, Ms Chapman clarified. To ensure that the government gets it right, she has asked for community consultations.

Assistant Minister for Domestic and Family Violence Prevention, Carolyn Power, added: “I encourage those involved in the legal sector, domestic violence organisations or with a lived experience to consider the draft bill. This legislation has the potential to be lifesaving and can help us realise ‘not one more’.” 

Alongside the bill, a $200,000 Justice Rehabilitation Fund has been granted to the Supporting Parents’ and Children’s Emotions (SPACE) program to provide early intervention and support to parents experiencing domestic and family violence. 

Ms Chapman said the program aims to reduce the risks of children being exposed to abuse: “Domestic violence is too dangerous to inherit. We must protect our children, and children’s children, from its insidious scourge and help break the cycle”. 

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