NSW government introduces tougher coercive control laws to better protect women and families

  • Coercive control is now considered a stand-alone, specific criminal offence
  • Bail reforms come into effect for alleged offenders

Survivors of domestic, family and sexual violence will now enjoy stronger protections in New South Wales as the criminalisation of coercive control and tougher bail laws come into effect.

From Monday, coercive control will be considered a separate offense in NSW.

Significant bail reforms will also come into effect from Monday, making it harder for those accused of serious domestic violence offenses to get bail.

Under the new coercive control laws, perpetrators could face up to seven years in prison if found guilty.

Attorney General Michael Daley said it was vital that people felt safe in their relationships and these new laws would ensure they had the support they needed.

“From today, coercive control of current and former intimate partner relationships will be a crime punishable by up to seven years in prison,” Daley said.

‘Abuse of a current or former partner is unacceptable and will not be tolerated.

Coercive control is now considered a separate, specific offence in NSW after new laws came into effect (stock image)

NSW Attorney-General Michael Daley says new bail law reform will help protect the most vulnerable

NSW Attorney-General Michael Daley says new bail reform will help protect the most vulnerable

‘When it comes to bail laws, we believe in the presumption of innocence, but it is also important to recognise the right of victims to be safe from bullying, intimidation or violence by their current or former partner.

‘The safety of victim-survivors must come first.’

Coercive control can manifest itself in a variety of ways and is linked to a pattern of behavior that may include financial and emotional abuse, violence and intimidation, threats to pets or loved ones, tracking someone’s movements, or isolating someone from family and friends.

Police Minister Yasmin Catley said NSW Police have undergone and are continuing training to recognize and respond to the complex and nuanced signs of coercive control.

New South Wales Police Minister Yasmin Catley says police are currently undergoing training to understand the new laws.

New South Wales Police Minister Yasmin Catley says police are currently undergoing training to understand the new laws.

“The criminalization of coercive control in NSW is an important day for victims/survivors,” Ms Catley said.

‘Not only does it give their experiences more legal weight, it also gives the New South Wales Police Service an additional mechanism to address domestic abuse and violence.

‘NSW is leading the way in the country with these laws.

‘By criminalizing coercive measures, we send a strong message: this appalling, criminal behavior will not be tolerated.

“The mandatory training is thorough, it shows how seriously NSW Police takes this, and it ensures all operational police offenses in NSW can identify and take action against enforcement stops.

‘The feedback I receive from police in the workplace is that the training is valuable and comprehensive and that officers feel well supported.’

Under the new laws, people accused of serious domestic violence crimes, which carry a maximum prison sentence of 14 years or more, will also have to show why they should not be detained until their case is heard.

NSW Police can charge a person with coercive control from Monday

NSW Police Can Charge a Person with Coercive Control from Monday

Anyone accused of assault, kidnapping and suffocation to render someone unconscious with the intent to commit another offense falls under this category.

Under these changes, those deciding on bail must consider the following before granting bail:

  • ‘Red flag’ behavior that could constitute domestic violence, such as behavior that is physically abusive or violent; conduct that is sexually abusive, coercive or violent; conduct that constitutes stalking; conduct that causes death or injury to an animal; behavior that is verbally abusive; or behavior that is intimidating
  • Victims’ and their family members’ views on safety issues in domestic violence are matters that involve intimate partners

The show cause test also applies to the offense of coercive control.