On July 1, 2024, NSW introduced a new offence targeting coercive control under section 54D of the Crimes Act 1900. This legislation criminalises abusive behaviours directed at current or former intimate partners with the intention of coercing or controlling them. The offence focuses on repeated patterns of physical or non-physical abuse, which are used to harm, intimidate, or exert power over another person.

What is Coercive Control?

Coercive control involves various types of controlling behaviour, including:

Harassment, monitoring, or tracking

Shaming, degrading, or humiliating

Threats or intimidation

Financial abuse

Social isolation or cultural abuse

The law applies only to behaviours that occur from July 1, 2024, onwards, reflecting the non-retrospective nature of the legislation.

Early Data on Coercive Control Offences

In the initial months of the law’s operation, NSW Police recorded 23 incidents in July 2024, which increased to 33 in August 2024. According to the NSW Bureau of Crime Statistics and Research, the average case involves at least three types of controlling behaviours, with the most commonly reported being harassment or tracking, shaming or degrading, and threats or intimidation.

Expert Insights on the New Legislation

Jackie Fitzgerald, Executive Director of the NSW Bureau of Crime Statistics and Research, highlighted the unique challenges of implementing the law.

“The criminalisation of coercive control is still very recent, with the law only taking effect from 1 July 2024,” she explained. “Because coercive control relates to a pattern of behaviour rather than a single incident, we can expect the number of recorded incidents to continue to grow over time.”

NSW Police Commissioner Karen Webb in a recent interview emphasised the complexity of prosecuting coercive control offences.

“They will be more complex, they will take more time, and it’s probably likely that it will be a job only detectives need to take on,” she said.

“It will take more than a general duties shift, so we want to make sure that we do the investigations properly and get the right outcomes for victims.”

Commissioner Webb also acknowledged the absence of standardised tests for coercive control, making detailed investigations and corroborative victim statements essential.

“There are no tests for what coercive control is, so it will really be a matter of a really in-depth statement to corroborate the evidence of the victim, and that does take time,” she noted.

A Broader Approach to Domestic Violence

The new law comes amid a rising domestic violence crisis in NSW, with an increase in related homicides this year. Commissioner Webb reaffirmed her commitment to addressing the issue.

“Domestic violence has been one of my main priorities from the day I took office in 2022,” she stated. “I know it takes an enormous amount of police time. Most of the commands I go to … every station I went to, I ask what takes up most of your time, and it was always domestic violence.”

What’s Next?

As NSW Police continue to gather data and adapt to the demands of coercive control investigations, stakeholders remain hopeful that the legislation will deliver justice for victims and deter abusive behaviours in intimate relationships. With early data reflecting the prevalence of coercive control, authorities anticipate that both reporting and successful prosecutions will grow as the system matures.

The next phase will likely focus on refining investigative practices, raising public awareness, and enhancing inter-agency collaboration to support victims and hold offenders accountable.