Yes, coercive control is illegal in some parts of Australia, with several states introducing specific laws to criminalise this form of abuse.
While coercive control may not yet be recognised as a standalone criminal offence nationwide, states such as New South Wales and Queensland have implemented dedicated laws to address it.
Other states are actively considering or developing similar legislation.
What Is Coercive Control?
Coercive control is a form of emotional, psychological, and financial abuse designed to dominate and manipulate a person.
Unlike physical violence, coercive control is often subtle and builds over time, making it harder to recognise.
Examples of coercive control may include:
- Isolating you from family and friends
- Monitoring your movements, phone calls, or social media
- Controlling your access to money
- Threatening or intimidating behaviour
- Degrading or humiliating you
- Restricting your freedom or independence
Coercive control is often a key warning sign that physical violence may follow, which is why legal systems are increasingly recognising its seriousness.
Key takeaway: Coercive control involves controlling behaviour that limits your freedom and independence.
Where Is Coercive Control Illegal in Australia?
The legal status of coercive control varies across Australian states and territories:
New South Wales (NSW)
NSW passed dedicated coercive control laws in 2022, which will take effect in July 2024. Under these laws, coercive control in intimate partner relationships is now a criminal offence.
Queensland
Queensland passed legislation criminalising coercive control in 2023, with the laws set to be fully implemented by 2025.
Other States and Territories
While some regions have yet to introduce specific coercive control laws, existing domestic violence laws may still apply in cases of controlling behaviour.
Key takeaway: NSW and Queensland have introduced specific coercive control laws, while other states rely on broader domestic violence protections.
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How Is Coercive Control Proven in Court?
Proving coercive control can be challenging as the behaviour is often subtle and occurs over time. Evidence may include:
- Text messages, emails, or social media records demonstrating controlling behaviour
- Statements from family, friends, or co-workers who witnessed the abuse
- Financial records showing restricted access to money
- Diaries or written accounts documenting your experiences
Due to the complex nature of coercive control, gathering as much evidence as possible can strengthen your case.
Key takeaway: Documenting controlling behaviours can help you build a stronger case if you seek legal action.
What Should You Do If You’re Experiencing Coercive Control?
If you believe you are experiencing coercive control, consider the following steps:
- Seek Support: Reach out to a trusted friend, family member, or support service for help.
- Document the Behaviour: Record incidents of controlling behaviour, including dates, times, and details.
- Contact a Support Service: Services such as 1800RESPECT offer confidential support for abuse victims.
- Seek Legal Advice: A family lawyer can explain your rights and help you explore protective measures like restraining orders.
Key takeaway: Seeking support early can provide you with guidance and protection.
What Are the Penalties for Coercive Control in Australia?
In states where coercive control is a criminal offence, penalties can be significant. For example:
- In NSW, offenders may face up to 7 years in prison if found guilty.
- In Queensland, the maximum penalty for coercive control will be determined as part of the law’s implementation process.
Even in areas without specific coercive control laws, courts may consider controlling behaviour when determining the outcome of domestic violence cases.
Key takeaway: Coercive control laws carry serious penalties to reflect the harm caused by this form of abuse.
Coercive control is now illegal in parts of Australia, with states like NSW and Queensland introducing specific laws to criminalise this form of abuse.
While other states are yet to implement dedicated legislation, coercive control may still be addressed through existing domestic violence laws.