- Coercive control is now considered a separate, 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 treated as a standalone offence in NSW.
Major reforms to the bail system will also come into effect from Monday, making it harder for people accused of serious forms of domestic abuse to get bail.
Under the new coercive measures laws, offenders found guilty could face up to seven years in prison.
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.
“As of today, coercive control in current and former intimate partner relationships is a criminal offence 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 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
“When it comes to bail laws, we believe in the presumption of innocence, but it is also important to recognize the right of victim survivors to be protected from harassment, intimidation or violence by a current or former intimate partner.
‘The safety of victims and relatives must come first.’
Compulsive control can manifest in a variety of ways and is linked to a pattern of behavior that can include financial and emotional abuse, violence and intimidation, threats against pets or loved ones, tracking one’s movements, or isolating oneself from family and friends.
Police Minister Yasmin Catley said New South Wales police have received and continue to receive training to recognise and respond to the complex and nuanced signs of coercive control.
NSW Police Minister Yasmin Catley says police are 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 and shows how seriously NSW Police take this. In addition, it ensures that all operational police officers can identify and take action against enforcement order violations in NSW.
‘The feedback I get from the police on the work floor 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
Anyone accused of sexual assault, kidnapping, and suffocation to render someone unconscious with the intent to commit another offense falls into this category.
Under these changes, bail decision-makers should consider the following before granting bail:
- “Red flag” behaviors that could constitute domestic violence, such as behavior that is physically abusive or violent; behavior that is sexually abusive, coercive, or violent; behavior that is stalking; behavior that causes the death or injury of an animal; behavior that is verbally abusive; or behavior that is harassment
- The views of victims and their relatives on safety concerns in domestic violence cases involving intimate partners
The show cause test also applies to the offense of coercive control.
