The Victorian Government's Justice Legislation Amendment (Family Violence, Coercive Control, Good Character, Risk Assessment and Other Matters) Bill 2026, introduced to parliament yesterday, includes a range of measures intended to strengthen legal protections for victim-survivors of family violence.
Victoria's community legal centres have been at the forefront of advocating for a range of legislative changes identified in the sector's Action for Justice roadmap which offer increased safety, agency and access to justice for victim-survivors of family violence, and help ensure that legal assistance is fully integrated into the broader family violence support system.
While many initiatives contained in the Justice Legislation Amendment Bill are positive - especially measures to address the impacts of fines which have been a key focus for community legal centres - there are still significant risks for victim-survivors that the government should address.
The introduction of a standalone criminal offence of coercive control is of major concern as it increases the risk of victim-survivors being exposed to systems abuse and misidentification, while not effectively addressing the behaviour it sets out to prevent.
Instead, the Victorian community legal sector has been calling for a whole of system reform, irrespective of whether a criminal offence is introduced, to strengthen the identification, prevention and response to coercive control across Victoria's family violence and legal systems.
Proposed changes to family violence intervention orders (FVIOs) are a mixed-bag, with some positives - such as expanding requirements for courts to take into account the protected person's views and risks to their safety as a priority - alongside others that need further consideration.
Community legal centres are also very supportive of extending the Equal Opportunity Act 2010 (Vic) to prevent discrimination against victim-survivors, and expanding the definition of prohibited behaviour in the Personal Safety Intervention Orders Act 2010 (Vic) to include grooming.
Quotes attributable to Federation of Community Legal Centres CEO Louisa Gibbs:
On coercive control:
"While it is essential that coercive control is addressed in our communities, the challenges around using a criminal offence as the response mean it will not make victim-survivors safer, nor strengthen accountability for people who use violence.
"The high criminal standard of proof, coupled with existing police practices, will inevitably place an undue burden on victim-survivors while there remains an unacceptable risk that a standalone offence would exacerbate systems abuse and misidentification, with victim-survivors already being wrongly identified as the predominant aggressors in incidents of family violence at alarming rates.
"There are already protections against coercive control in Victoria's existing legal framework through the FVIO system and while they are not perfect, the existing system should be strengthened to further protect victim-survivors while also increasing resources and capability to ensure it is actually delivering the intended outcome of effectively responding to coercive control."
On fines relief:
"We celebrate the expansion of fines relief and exemptions for victim-survivors, representing a practical, long called-for change which will have a meaningful impact.
"Including court fines in Work and Development Permits will promote fairer criminal sentencing and address inequity based on financial disadvantage.
"Victim-survivors have been unfairly penalised for excessive speeding offences they did not commit, because they are unable to nominate the actual driver due to fear of violence or retaliation.
"Expanding the Family Violence Scheme to include these fines will enable victim-survivors of family violence to apply to have fines withdrawn, avoiding lengthy automatic suspensions, and further reducing barriers to escaping unsafe situations.
"Community legal centres thank the government for responding to our advocacy on these issues."
On changes related to family violence intervention orders:
"Victim-survivors' voices must be central when assessing current and future risk and the need to extend family violence intervention orders.
"We welcome new requirements for courts when considering these decisions to take into account the protected person's views and risks to their safety as a priority.
"Enabling electronic signatures for FVIOs is a positive reform, alongside ensuring police include existing FVIOs on charge sheets - as long as proper safeguards are put in place."
