On July 1, 2024, New South Wales became the first Australian state to criminalise coercive control in intimate partner relationships. Given a maximum penalty of 7 years imprisonment, it is crucial for individuals facing allegations to understand how the law defines coercive control, what constitutes evidence, and the available defences.
Current Data on Coercive Control in NSW
This landmark reform acknowledges that domestic abuse extends beyond physical violence—psychological, emotional, and financial abuse can be just as damaging. According to recent data from the Australian Institute of Health and Welfare reported 2.3 million women and 1.3 million men have experienced emotional abuse, and 1.6 million women and 745,000 men have experienced financial abuse from a present or previous partner.
From June 2024 to June 2025, NSW Police recorded 297 incidents of coercive control, according to figures released by the NSW Bureau of Crime Statistics and Research (BOSCAR). The majority of these matters involved harassment, monitoring, or tracking behaviour.
Controlling behaviours in the 276 coercive control incidents recorded by NSW Police. Each incident may involve multiple behaviours.
A New Chapter in Domestic Violence Law
The NSW coercive control laws, enacted through the Crimes Legislation Amendment (Coercive Control) Act 2022, represent a fundamental shift in how the legal system addresses domestic abuse. Unlike traditional domestic violence laws that primarily focus on physical harm or individual incidents of violence, these new provisions acknowledge that abuse often occurs as an ongoing pattern of behaviour designed to dominate and intimidate a partner.
This legislative change is particularly significant given that a 2021-2023 Domestic Violence Death Review Team report indicates 97% of intimate partner homicides in NSW have been preceded by coercive control. By criminalising coercive control, lawmakers aim to intervene before abusive relationships escalate to physical violence, potentially saving lives.
Understanding the Essential Elements of Coercive Control
To secure a conviction under these new laws, the prosecution must establish several key elements beyond a reasonable doubt. Under Section 54D of the Crimes Act 1900, the prosecution must prove:
- The accused engaged in a pattern or “course of conduct” involving abusive behaviour.
- The behaviour was directed at a current or former intimate partner.
- The conduct was intended to coerce or control the victim.
- A reasonable person would consider the conduct likely to cause the victim to fear violence or suffer a significant impact on their daily life.
The requirement to establish a pattern of behaviour is crucial, as it differentiates coercive control from isolated incidents of misconduct. This reflects an understanding that abusers often employ subtle, long-term tactics to assert dominance over their victims.
What Constitutes Abusive Behaviour?
The legislation provides a non-exhaustive list of behaviours that may constitute coercive control, including:
- Financial Control: Restricting access to money, preventing employment, or seizing wages.
- Surveillance and Monitoring: Tracking movements, reading messages, or using GPS devices to monitor a partner’s location.
- Social Isolation: Preventing contact with family and friends or restricting access to cultural or religious practices.
- Psychological and Emotional Abuse: Gaslighting, belittling, constant criticism, and threats to harm loved ones or pets.
- Threats and Intimidation: Using threats, whether explicit or implied, to instil fear and compliance.
- Destruction of Property: Damaging or destroying personal belongings to punish or intimidate the victim.
- Control Over Daily Activities: Dictating what the victim wears, eats, where they go, or whom they see.
This comprehensive approach ensures that coercive control is recognised in its various forms, not just as physical violence but as a pattern of conduct that significantly erodes a victim’s independence and well-being.
Penalties for Coercive Control in NSW
The maximum penalty for coercive control reflects the seriousness of the offence:
- Seven years’ imprisonment if dealt with in the District Court.
- Two years’ imprisonment if heard in the Local Court.
These penalties send a strong message that coercive control is not tolerated in NSW. However, sentencing considerations will vary depending on the severity of the conduct, the extent of harm caused, and any mitigating factors.
Legal Defences and Considerations
Given the serious nature of coercive control allegations, those accused under these laws have several legal defences available. The primary defence, outlined in Section 54E, allows defendants to argue that their conduct was “reasonable in all circumstances.”
For example, if financial control was exercised due to shared financial responsibilities or religious beliefs, the court may consider these factors when determining whether the behaviour was coercive. The defence must provide sufficient evidence to raise a reasonable doubt about the prosecution’s case.
Additionally, the laws require intent to be proven—meaning the accused must have deliberately engaged in coercive behaviour. This prevents wrongful convictions for behaviour that may have been misinterpreted but was not intended to control or intimidate.
Practical Challenges in Implementing NSW Coercive Control Laws
While the introduction of coercive control laws marks a major step forward, their implementation presents significant challenges:
- Evidentiary Issues: Unlike physical violence, coercive control often lacks clear physical evidence. Cases will rely heavily on victim testimony, digital records (such as emails and messages), and witness statements.
- Police Training and Awareness: Law enforcement officers have undergone extensive training to identify and respond to coercive control. Ensuring officers correctly assess reports and collect necessary evidence will be critical to successful prosecutions.
- Support for Victims: Victims of coercive control often struggle to leave abusive relationships due to financial dependence, fear, or psychological manipulation. Strengthening victim support services, including legal aid, counselling, and housing assistance, is essential for effective enforcement.
The Future of NSW Coercive Control Laws
The effectiveness of these laws will be reviewed after three years to assess whether they adequately protect victims and hold perpetrators accountable. This review will consider:
- The number of prosecutions and convictions.
- The effectiveness of police training and response.
- Any unintended consequences, such as misuse of allegations in custody disputes.
As other Australian states consider similar legislation, NSW’s experience will serve as a model for refining coercive control laws nationwide.
Get Expert Legal Help
If you have been accused under the NSW coercive control laws, call our Domestic Violence Lawyers in Sydney immediately. We can help you:
- Understand your rights and obligations under the new legislation.
- Collect and present evidence effectively.
- Navigate complex legal proceedings.
- Defend against allegations.
Given the serious nature of coercive control charges, professional legal representation can make a crucial difference in achieving the best possible outcome.
Final Thoughts
If you’ve been charged under NSW’s new coercive control laws, understanding your legal position is crucial – these charges carry serious penalties up to 7 years imprisonment. While prosecutors must prove beyond reasonable doubt that you engaged in a pattern of controlling behaviour with specific intent, having an experienced defence strategy is essential. The law provides defences, particularly if your actions were reasonable in the circumstances, but navigating these complex legal waters requires expert guidance. Even if you’re innocent, don’t make the mistake of representing yourself. Don’t wait to protect your rights – contact one of our Criminal Lawyers Sydney now! Call us now!