The Crimes Legislation Amendment (Coercive Control) Act 2022 (“Amendment Act”), which took effect on 1 July 2024, introduced significant reforms to the Crimes Act 1900 NSW (“Crimes Act”), particularly in relation to introducing legislation that criminalises coercive control. 

Coercive control is a form of psychological and emotional abuse that is often a precursor to physical violence and, in some cases, domestic homicide.

What Is Coercive Control?

Coercive control refers to a pattern of abusive behaviours used by one partner to dominate, intimidate, and isolate another. This can include:

• Emotional manipulation
• Intimidation and threats
• Monitoring movements or communication
• Financial control
• Isolating a person from friends and family
• Repeated degradation or humiliation

Unlike physical violence, coercive control is ongoing and non-physical, making it harder to detect but no less harmful. It strips victims of their independence and self-worth. 

The New Offence Under the Crimes Act 1900 (NSW) 

The Amendment Act creates a specific offence for coercive control under the Crimes Act. This is codified under Section 54D of the Crimes Act, whereby an adult commits an offence if:

1. They engage in a course of conduct of abusive behaviour towards another person; and
2. They are or were in an intimate partner relationship with that person; and 
3. They intended their behaviour to coerce or control the other person; and 
4. A reasonable person would believe that, in the circumstances, the behaviour is likely to cause:
   1. Fear that violence may be used against the person or someone else; or 
   2. A serious adverse impact on their capacity to engage in some or all of their ordinary activities.

The offence carries a maximum penalty of 7 years’ imprisonment.

The phrase “course of conduct” is key, meaning the behaviour must be repeated and form a pattern, not just a one-off incident.

Section 54D of the Crimes Act also introduces a “reasonable person test”. This means that the prosecution does not need to prove that the victim actually felt fear or was impacted, only that a reasonable person in the same circumstances would likely have been affected in one of the specified ways. 

Available Defences

There are limited defences to this charge. One such defence is that the conduct, while controlling, was objectively reasonable in the circumstances. For example, if a person restricted access to finances because their partner was addicted to gambling or drugs, and the intention was to protect the household, this may not meet the threshold for coercive control under section 54D.

Coercive Control and Impacts on Family Law 

The introduction of coercive control laws in New South Wales has important implications for the family law system, particularly in both parenting and property disputes. The new offence under the Crimes Act provides victims with an additional layer of legal recognition and potential evidentiary support.

Coercive and controlling behaviours are increasingly being recognised in family law proceedings, especially where allegations of family violence arise. In Family Law proceedings, the court must consider whether a party to the proceedings, or a child, has been exposed to family violence. Pursuant to Section 4AB of the Family Law Act, it defines family violence as violent, threatening or other behaviour that coerces or controls a family member or causes them to be fearful. 

Coercive Control in Parenting Matters 

In parenting matters, this form of behaviour often includes but is not limited to:

1. Manipulating the child against the other parent (parental alienation): This often occurs when one parent repeatedly criticises or undermines the other parenting in front of the child or coaches the child to reject or fear the other parent.
2. Withhold access or contact: this can be refusing to comply with parenting orders or even unreasonably limiting communication or time with the other parent.
3. Controlling parenting decisions: this can occur when one parent makes unilateral decisions about the child, such as where they go to school.
4. Surveillance and harassment: this can include monitoring the other parent’s movements or activities with the children.

Pursuant to section 60CC of the Family Law Act, it requires the court to prioritise the best interests of the children. However, where there is evidence of coercive control, it may influence the court’s assessment of what parenting arrangements are in the best interests of the children, particularly where safety is a concern.

These implications include but are not limited to: 

1. Justifying restrictions on contact with an abusive ex-partner. The court may restrict or supervise a parent’s time.
2. Justifying an order that one parent be solely responsible for making decisions in relation to major issues such as school and medical. This may occur if the court is satisfied that the coercive and controlling behaviour undermines the parties’ cooperative decision-making.
3. In extreme cases, the court may permit relocation or even make no-contact orders if the child’s emotional wellbeing is at serious risk.

Coercive control in parenting matters is a red flag for the court. While it does not involve physical violence, it is increasingly recognised as serious emotional abuse that can be deeply harmful to both the other parent and the child. Courts are now more alert to these patterns and can make protective parenting orders that reflect the seriousness of this behaviour.

Coercive Control in Property Settlements 

In property settlement proceedings, this form of behaviour often includes but is not limited to:

1. Controlling or restricting access to bank accounts or joint funds.
2. Preventing a partner from working or earning an income.
3. Monitoring or scrutinising every expense.
4. Making financial decisions unilaterally (e.g., selling property without consent).
5. Incurring debts in the other person’s name, for example, taking out loans or credit cards in the partner’s name without permission.

Such behaviour can significantly restrict a person’s financial autonomy and capacity to contribute, both during the relationship and after separation. Where coercive control has caused economic disadvantage, it can be a relevant factor when assessing each party’s contributions to the relationship. The court may consider whether a financial adjustment is necessary in favour of the victim, particularly if the abuse impacted their ability to build or retain assets within the property pool. 

While coercive control is not a standalone legal test in property settlements, it directly influences how the court views each parties’ contributions to the net asset pool. The presence of coercive control can justify a greater share of the asset pool to the victim, particularly where they have suffered economic harm, limited earning capacity, or reduced contributions due to the abusive behaviour.

If coercive control has played a role in your relationship or financial history, it is essential to raise this with your lawyer in your initial consultation, to ensure your lawyer is aware of circumstances and can provide you with comprehensive advice in relation to your options.

How we can help

As the understanding of coercive control continues to develop within both the criminal and family law systems, the Federal Circuit and Family Court of Australia is increasingly taking a more comprehensive and preventative approach to domestic abuse. This reflects a broader legal and cultural shift toward recognising that family violence is not limited to physical harm, but often includes sustained psychological, emotional, and financial abuse that can have long-lasting effects on victims and their families.

At Meredith Lawyers, we understand the complexities of coercive control and its far-reaching impacts across family law. Our experienced team provides compassionate and strategic legal support for clients navigating parenting and property matters involving family violence (including coercive control). We are committed to ensuring that your rights are protected and that you are supported throughout every stage of the legal process.

If you or someone you know is going through a family law matter involving coercive control or family violence, reach out to one of our trusted family lawyers. Our team is here to help you navigate the process safely and with support.

Call us now on 1300 537 306

Email: admin@meredithlawyers.com.au 

Visit us at Level 9, Suite 900, 185 Elizabeth Street, Sydney NSW 2000

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