Coercive Control s54D Crimes Act NSW 


The Crimes Legislation Amendment (Coercive Control) Act 2022 in New South Wales introduces a new criminal offence specifically targeting coercive control within intimate partner relationships. Here are the key points:

Key Details:
  1. Definition: Coercive control refers to patterns of abusive behaviors, both physical and non-physical, aimed at dominating, isolating, or controlling a partner. This can include tactics such as psychological manipulation, financial control, and intimidation.
  2. Scope: The offence applies to current and former intimate partner relationships. It covers repeated behaviors intended to cause fear, harm, or restriction of freedom.
  3. Implementation Date: The new law will come into effect from 1 July 2024. Any abusive behavior that occurs after this date will be subject to the new legal provisions.
  4. Legal Consequences: Perpetrators found guilty of coercive control can face a maximum prison sentence of up to seven years. This reflects the seriousness of the offence and the commitment to protecting victims from ongoing abuse.
  5. Review and Expansion: The legislation will be reviewed starting in 2026 to consider whether it should be expanded to include other types of relationships beyond intimate partners, reflecting ongoing commitment to adapting the law as needed.
  6. Context and Rationale: The introduction of this law is part of broader efforts to address domestic violence comprehensively. Coercive control has been identified as a significant precursor to intimate partner homicides, and this legislation aims to intervene before the abuse escalates to such levels.

Practical Implications:
  • For Victims: This law provides a clearer legal avenue for victims of coercive control to seek justice and protection. It acknowledges the complex, often non-physical nature of domestic abuse.
  • For Legal Practitioners: Professionals in the legal field must be prepared to identify and prosecute cases of coercive control under the new guidelines. This includes understanding the patterns and impacts of non-physical abuse.
Summary of the Coercive Control Implementation and Evaluation Taskforce
The Coercive Control Implementation and Evaluation Taskforce has been established under the Crimes Legislation Amendment (Coercive Control) Act 2022 in New South Wales to oversee the introduction and monitoring of the new coercive control offence. Here are the key details:

Key Functions:
  • Stakeholder Consultation: Engages with stakeholders, including sector-specific reference groups, to gather input on the coercive control offence and related issues.
  • Advice and Monitoring: Provides advice on training, education, and resources necessary for implementing the new law. Monitors these aspects to ensure effective enforcement.
  • Evaluation: Evaluates the implementation and resourcing of the coercive control offence to ensure it operates as intended.
  • Reporting: Reports to the Minister every six months before the law takes effect and annually thereafter, with reports tabled in Parliament for transparency.

Structure:
  • Membership: Includes the Secretary of the administering department (chairperson), a NSW Police Force representative, the chair of the Domestic and Family Violence and Sexual Assault Council, and an expert from the domestic and family violence sector.
Timeline:
  • First Meeting: Scheduled within a month of establishment.
  • Operation: Continues until the third review report is tabled in the Legislative Assembly, after which the taskforce will be dissolved.
Additional Details:
  • Legislative Framework: The taskforce was established as part of the Crimes Legislation Amendment (Coercive Control) Act 2022, which defines and criminalizes coercive control in intimate partner relationships from 1 July 2024.
  • Impact on Communities: Taskforce will establish reference groups to consider and provide advice on the impact of the legislation on specific communities, such as Aboriginal and LGBTQIA+ groups.
For more detailed information, you can visit the NSW Government’s official page on coercive control or review the full text of the Act​ (NSW Legislation)​​ (Parliament NSW)​​ (NSW Government)​​ (Communities and Justice)​​ (Communities and Justice)​.