New law marks a significant step towards ending coercive control

The Queensland Government continues to take decisive steps in addressing the issue of coercive control, a form of domestic abuse that can leave victims feeling powerless and trapped.

Coercive control involves a repeated pattern of behaviour aimed at establishing control over another person, often through fear and intimidation. It is characterised by ongoing and persistent attempts by one partner to undermine the other’s independence, confidence, and sense of safety.

In an effort to combat this destructive behaviour, the Palaszczuk government has introduced groundbreaking legislation which is set to make coercive control a standalone criminal offence in Queensland.

The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 represents the government’s response to a second set of reforms recommended by the Women’s Safety and Justice Taskforce.

The key highlight of this bill is the establishment of the offence of coercive control under the Criminal Code, carrying a maximum penalty of 14 years imprisonment.

Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, The Honourable Shannon Fentiman, has described this move as a “historic day in Queensland.”

She emphasised that the decision to criminalise coercive control is rooted in the harrowing stories of individuals like Sue and Lloyd Clarke, Vanessa Fowler, and many other family members who have experienced the devastating impact of coercive control.

What these new laws mean

Under these proposed laws, the government aims to criminalise the actions of an adult who meets the following criteria:

• The individual is in a domestic relationship with another person.
• The individual engages in a pattern of behaviour against the other person that involves domestic violence on multiple occasions.
• The individual has the intent to coerce or control the other person.
• The course of conduct, considering all circumstances, is reasonably likely to cause harm to the other person, with ‘harm’ defined in the Bill to encompass any adverse impact on the person’s physical, emotional, financial, psychological, or mental well-being, whether temporary or permanent.

The criminalisation of coercive control is set to take effect in 2025, allowing time for implementation and raising awareness about this crucial issue. This move represents a significant milestone in the ongoing fight against coercive control and its devastating impact on victims in Queensland.

Laying the foundations

These reforms build upon the first set of legislative amendments aimed at strengthening Queensland’s response to coercive control.

In February 2023, The Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 passed Parliament, marking a significant milestone in the fight against this destructive behaviour.

This legislation laid the foundation for a standalone offence of coercive control and broadened the definition of domestic and family violence to include behaviour that occurs over time.

“This is a significant step toward achieving our commitment to legislate against coercive control,” said Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, The Honourable Shannon Fentiman, at the time.

The bill included a comprehensive range of amendments aimed at strengthening the court’s response to domestic violence and ensuring the protection of those most at risk.

These included:

• broadening the definition of domestic and family violence to include behaviour that occurs over time
• modernising the offence of unlawful stalking to better capture the broad range of tactics, such as technology and social media, used by predators
• strengthening the court’s response to applications for protection orders
• bringing domestic violence complainants and other witnesses within the protected witness scheme
• updating some sexual offence terminology, such as 'carnal knowledge' and 'maintaining a sexual relationship with a child'
• broadening the court’s ability to award costs to help prevent using the legal process to further abuse victims
• strengthening the consideration of previous domestic violence or criminal history
• allowing for the giving of jury directions and expert evidence on domestic violence.

These amendments were designed to shift the focus from responding to isolated incidents of violence, to addressing patterns of abusive behaviour.

For Sue and Lloyd Clarke, these developments are bittersweet. Since the tragic murder of their daughter Hannah, they have dedicated themselves to advocating for the criminalisation of coercive control in Queensland. They firmly believe that if coercive control had been criminalised earlier, their daughter might still be alive today.

“It’s important that these behaviours are captured in modern legislation,” they said in a statement when the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 was introduced.

“We’ve fought for this because we know it will make a difference, and it will prevent other families from having to go through an experience like ours.”

Sue and Lloyd remain hopeful that the legislation that has been introduced will help prevent other families from experiencing the same tragedy they did. Their tireless efforts have been critical in raising awareness about this destructive behaviour, and their advocacy has played a crucial role in bringing about this change.

While nothing can be done to bring back their daughter, they hope that her memory can be honoured by creating a safer and more equitable society for all.

Shannon Fentiman agreed the legislation honours Hannah’s memory.

“I want her family and friends to know that this will be their legacy,” the Attorney-General said.

“This is about identifying and responding to the red flags of coercive control earlier, before blue police tape surrounds another family home.”

Legal protection and support under Queensland’s new laws

While coercive control won't become a standalone criminal offence in Queensland until 2025, victim-survivors of coercive control do have legal remedies available to them.

Civil protection orders under domestic violence legislation are one option, and a breach of such an order can lead to a maximum penalty of 5 years imprisonment or a fine of $34,500. These orders can include restraints on the perpetrator attending the residence or workplace of the victim-survivor, communication, or coming within a certain proximity to the victim-survivor.

Additionally, victim-survivors can be protected by a restraining order in relation to charges of unlawful stalking, intimidation, harassment, or abuse. The new laws mean that the maximum penalty for contravening a restraining order is 3 years imprisonment or a $17,250 fine.

Victim-survivors can also apply for financial assistance from Victim Assist Queensland, which can help pay for expenses such as counselling, medical and dental expenses, loss of earnings, and safety needs.

The government’s commitment to addressing this issue is a positive step towards combating domestic violence in the state, providing much-needed legal protections for Queenslanders, and sending a clear message that this form of domestic violence will not be tolerated.

It is anticipated that the proposed legislation to criminalise coercive control will be introduced in late 2023, further strengthening the legal framework for addressing this issue in Queensland.

Police response: A multi-layered approach

For victims of coercive control who report to the police, the Queensland Police Service offers a multi-layered response to domestic and family violence, which includes frontline police, specialist police, and High Risk Teams that work with other government agencies and specialists. As per the Domestic and Family Violence Protection Act, the QPS is mandated to investigate all reports of domestic and family violence it receives.

The QPS provides immediate and ongoing support to victims and has an extensive referral program with over 500 police referral partners to connect victims with the support they need based on their specific situation. Efforts are being made to strengthen the Police Referrals process and information sharing capabilities to enhance victim survivor safety.

By prioritising the identification and response to coercive control, the QPS is taking a crucial step towards creating a safer and more equitable society for all.

Stay informed: Tracking Coercive Control Reforms in Australia

HopgoodGanim Lawyers have created a comprehensive resource that provides a valuable summary of key coercive control reforms currently unfolding across Australia. Serving as a centralised hub for staying informed about the latest developments in combating coercive control, this reform tracker is an essential tool. HopGood Ganim is committed to ensuring the tracker remains up to date, consistently incorporating new reforms as they arise within the realm of intimate partner and family violence settings throughout Australia.

Explore the National Coercive Control Reform Tracker or learn more about Hopgood Ganim’s pro bono legal services.

Available resources

If you, or someone you know, is experiencing coercive control, support is available. There are a range of support services, depending on your situation.

If the incident is happening now, or someone is in immediate danger, contact Queensland Police Service on Triple Zero (000). You can also use this online form to request contact with police.

If you or someone you know is a victim of coercive control and requires legal protection, it is recommended to seek legal assistance to ensure that you receive the protection and support you need during this challenging time. Refer to our comprehensive directory for a list of social support services near you.

Whether you require assistance through the civil protection regime or criminal proceedings, it’s important to seek legal assistance as soon as possible. Your lawyers will be able to help you understand your rights, guide you through the legal process, and work towards securing the protection you need to keep yourself safe.

Other support services available include:

• DV Connect (1800 811 811) is an organisation that provides crisis support and counselling, as well as a women’s refuge service assisting women and children affected by a domestic violence incident to obtain placement into crisis care.
• 1800RESPECT (1800 737 732) is a telephone helpline for friends and family to report if someone they know is experiencing domestic violence.
• Relationships Australia QLD (1300 364 277) is an organisation that provides relationship support and advice to individuals and families across Queensland.
• Mensline (1800 041 612) is a national telephone and online support, information and referral service for men.
• Immigrant Women’s Support Service (07 3846 3490) offers support to immigrant and refugee women from non-English speaking backgrounds and their children who have experienced domestic and/or sexual violence.
• Women’s Legal Service (1800 957 957) and Legal Aid QLD (1300 65 11 88) provides free legal advice and legal support services to victims of domestic violence, including in relation to applications for a domestic violence order, children’s Court matters and Family Law matters generally.

With these resources at your disposal, you can find the assistance you need and be matched with the appropriate professionals to navigate your choices effectively.

As these issues become more talked about in Australia, the easier it becomes to recognise the signs and provide help to victims, survivors, and their families. The Queensland Government's adoption of many of the 89 Coercive Control Taskforce recommendations is a step in the right direction.

“We know from experience that the behaviour of predators escalates over time,” said Sue and Lloyd Clarke. “The Small Steps 4 Hannah Foundation strongly urges people to recognise the red flags in their family members, their friends, and even themselves and to seek help.”

Special thanks to the Family Law and Pro Bono team at HopgoodGanim Lawyers and the Queensland Police Service for their invaluable contributions to this article. Please note that the content of this article is current as of 11 October 2023 and should not be taken as legal advice.