- Coercive control is now considered a specific and independent crime
- Bail reforms for alleged perpetrators come into effect
Survivors of domestic, family and sexual violence will now have greater protections in New South Wales, with the criminalization of coercive control and stricter bail laws coming into effect.
From Monday, coercive control will be considered a separate, specific offense in New South Wales.
Major bail reforms will also go into effect starting Monday, making it more difficult for those accused of serious domestic violence crimes to obtain bail.
Under new coercive control laws, if convicted, perpetrators can face up to seven years in prison.
Attorney General Michael Daley said it was essential for people to feel safe in their relationships and these new laws will ensure their support.
“From today, coercive control in current and former intimate relationships will be a crime punishable by up to seven years in prison,” Daley said.
‘Abuse against a current or former intimate partner is unacceptable and will not be tolerated.
Coercive control is now considered a specific, stand-alone offence in New South Wales after new laws came into effect (file image)
New South Wales Attorney General Michael Daley says new bail reform will help protect the most vulnerable
‘In terms of bail laws, we believe in the presumption of innocence, but it is also important to recognize the right of surviving victims to be safe from harassment, intimidation or violence at the hands of a current or former intimate partner .
“The safety of victim-survivors must be a primary consideration.”
Coercive control can manifest itself in different ways and is linked to a pattern of behaviour that may include financial and emotional abuse, violence and intimidation, threats against pets or loved ones, monitoring someone’s movements or isolating them from family and friends.
Police Minister Yasmin Catley said NSW Police have received and continue to receive training to recognise and respond to the complex and nuanced signs of coercive control.
New South Wales Police Minister Yasmin Catley says police are receiving training to understand the new laws.
“The criminalisation of coercive control in New South Wales is an important day for victims and survivors,” Ms Catley said.
‘Not only does it add more legal weight to their experiences, it also gives the New South Wales Police Force another mechanism to address domestic violence.
‘New South Wales is leading the country with these laws.
‘The criminalization of coercive control sends a strong message: this vile and criminal behavior will not be tolerated.
‘The mandatory training is comprehensive, shows how seriously the NSW Police Force is taking this and ensures all operational police can identify and take action against coercive control offenses in NSW.
“The feedback I’m getting from police on the ground is that the training is valuable, comprehensive and officers feel well supported.”
Under the new laws, people charged with felony domestic violence offenses that carry a maximum sentence of 14 years or more in prison will also have to show cause why they should not be detained until their case is determined.
New South Wales police will be able to charge a person with coercive control from Monday
Anyone charged with sexual assault, kidnapping and strangling someone unconscious with intent to commit another indictable offence will fall into this category.
Under these changes, before granting bail, bail decision-makers must consider:
- “Red flag” behavior that could constitute domestic abuse, such as physically abusive or violent behavior; behavior that is sexually abusive, coercive or violent; behavior that is stalking; behavior that causes death or injury to an animal; behavior that is verbally abusive; or behavior that is bullying
- Views of victims and their families on safety concerns in domestic violence cases involving intimate partners
The proven cause test will also apply to the crime of coercive control.