Reforms criminalising coercive control have passed State Parliament.
The Government welcomed the final passage of these life-saving laws which will now recognise this insidious criminal behaviour, protecting people either experiencing or at risk of domestic, family or sexual violence.
The new legislation criminalises behaviour that a reasonable person would consider has, or is likely to have, a controlling impact on an offender's current or former intimate partner. Behaviour will be taken to have a controlling impact on a person if it restricts one or more aspects of the person's life including:
- Freedom of movement;
- Freedom of action;
- Ability to engage in social, political, religious, cultural, educational or economic activities;
- Ability to make choices with respect to their body; or
- Ability to access the justice system, basic necessities, support services or property they own.
When prosecuting the offence, authorities need to prove that a reasonable person would consider the defendant's conduct was likely to cause physical or psychological harm, with offenders convicted of the offence facing up to seven years in prison.
The Government is consulting with key stakeholders – including family violence support services, the courts, SAPOL, and the Director of Public Prosecutions – before the laws come into effect.
As put by Kyam Maher
Coercive control is an incredibly harmful and dangerous form of abuse that has not previously been recognised in our criminal law.
This is a new and complex area of the law which is why it is so important that we've taken the time to get this legislation right – through both extensive consultation in the development of the Bill and then through parliamentary debate.
The Government acknowledges those stakeholders and Members of Parliament who have taken the time to review the Bill and provide feedback to ensure this legislation is an effective tool to combat domestic and family violence.
With coercive controlling behaviours preceding more than 99 percent of domestic homicides, it is a critical and potentially life-saving step for our criminal law to recognise this often covert, but highly dangerous, form of domestic abuse.
As put by Katrine Hildyard
In 99 per cent of domestic violence homicides, coercive control was present in the relationship that preceded that horrific final act.
Its prevalence demands that we act and I am so proud that we have done so, staying the course on a long and crucial journey that began when we were in Opposition and that has relentlessly brought survivors and other experts together.
Having worked with my Labor colleagues on this for around six years and having first introduced a bill to criminalise coercive control in 2020, I am moved that we now have legislation that will help save lives.
I am so grateful to Sue and Lloyd Clarke, two of the most extraordinary people I have ever met and worked alongside.
Their capacity to continue to drive change in the face of their profound loss is the very definition of inspiring.
This legislation is for those we have tragically lost, including their precious daughter Hannah and their grandchildren, and those who are surviving.
This legislation has been developed and informed by the experiences of brave survivors.
It honours them, respond to calls to recognise patterns of coercive, controlling behaviour as well as single incidents of physical violence, holds perpetrators to account, and helps everyone in our community know what coercive control is, and that it has no place in our community.
As put by Sue Clarke, co-founder, Small Steps 4 Hannah Foundation
Hannah didn't know she was in a controlling relationship, and like so many others, we didn't realise the danger until it was too late. These new laws will help protect others from experiencing the same devastating loss.
We are grateful that South Australia has joined Queensland and New South Wales in the fight against coercive control. For our part, we will not stop until every state in Australia has outlawed coercive control. We will continue to share Hannah's story until perpetrators have nowhere to hide and no other choice but to seek help.
As put by Lloyd Clarke, co-founder, Small Steps 4 Hannah Foundation
On behalf of our daughter Hannah, and our grandchildren Aaliyah, Laianah and Trey, we want to thank the South Australian Government for recognising the danger of coercive control in family and domestic violence. This is a landmark moment for South Australians.
Passing the laws is only the first step. Now we must ensure they are backed with proper training for police, legal practitioners and frontline services, and that potential victims know how to seek help and protection under these new laws.
As put by Mary Leaker, CEO, Embolden
Today is an important step for South Australia in promoting safety and justice for people experiencing domestic and family violence.
The majority of people who seek help from specialist domestic and family violence services are experiencing coercive control.
Coercive control causes significant fear, distress and harm and victim-survivors often say it is the worst part of their experience of abuse.
Coercive control is also a key red flag that a victim-survivor is at increased risk of being killed by a current or former partner.
