New DV offence of coercive control set to become law in Queensland

Insidious domestic violence behaviours known as “coercive control” are set to become a crime in Queensland, but likely not for several years.

In a report released on Thursday afternoon, Hear Her Voice, the Women’s Safety and Justice Taskforce recommended coercive control be criminalised, with a maximum penalty of 14 years jail, with a defence available to defendants if their conduct was reasonable in all the circumstances.

Hannah Clarke and her three children were murdered by her estranged husband in 2020.

The Queensland government committed to legislate against coercive control in November 2020, but the taskforce recommended several reforms to the justice system be rolled out before coercive control was criminalised from 2024.

In NSW, a parliamentary committee has recommended coercive control be criminalised, while legislation was recently introduced in South Australia.

The taskforce, headed by former Court of Appeal judge Margaret McMurdo, was asked to review the way the criminal justice system deals with victims of sexual and domestic violence, the need for a standalone offence of domestic violence and examine coercive control.

Coercive control can include controlling what someone wears, limiting access to money, tracking their location, controlling who they see and persistent texting, and can be a precursor to physical violence.

Attorney-General Shannon Fentiman said the state government would consider all 89 recommendations, with legislation to be introduced in 2022 to modernise stalking laws and clarify coercive control was included in the definition of domestic violence.

The taskforce recommended a “lengthy period” between the coercive control law being passed and coming into effect to ensure the community, police and criminal justice system were prepared.

It said there should be a review of coercive control after five years and the government must work with First Nations people to reduce the representation of Indigenous people in the criminal justice system.

The murder of Hannah Clarke and her three children – Aaliyah, Laianah, and Trey – in February 2020 drew the issue of coercive control into the spotlight.

The 31-year-old mother and her three young children were ambushed on their drive to school, doused in petrol and set alight by Ms Clarke’s estranged husband.

Ms Clarke’s family said she was the victim of sexual and emotional abuse for years.

“We knew something was wrong – we didn’t know it had a name,” her father, Lloyd Clarke said on Thursday.

Her mother, Sue Clarke, said early signs included her killer, Rowan Baxter, shutting down Hannah’s Facebook page.

“Saying that they could have a joint Facebook page because they had the same friends, they were doing the same posts,” she said.

“It was something you can kind of explain away.

“He wouldn’t let her walk on the beach in a bikini, she wasn’t allowed to wear shorts, she wasn’t allowed to wear pink because that was for children.

“He would go through her phone to see who she had spoken to, he would turn up at work ... and even after she had the children he would question the children – ‘what did mum do today? Who’d mum speak to today?’”

In her foreword, Ms McMurdo said the taskforce was told many police officers were not responding to women’s complaints of domestic violence and it was putting their safety at risk.

People complained about unfair targeting of Indigenous people, leading to their over-representation in prison, and the way police dealt with officers accused of domestic violence.

The taskforce recommended the government establish an inquiry to examine “widespread cultural issues within the Queensland Police Service relating to the investigation of domestic and family violence, including the impact on the over-representation of First Nations peoples in the criminal justice system”.

Police Commissioner Katarina Carroll said the service was committed to protecting victims of domestic violence and holding perpetrators to account.

“But we must acknowledge there have been incidences where we don’t always get it right and the organisation needs to always improve,” she said.

“If we haven’t met the high standards expected of us, that’s unacceptable.”

Ms Carroll refuted allegations of widespread cultural issues, arguing some individuals did the wrong thing, while she did not support the recommendation of an inquiry, pointing to existing reforms.

Meanwhile, Ms Fentiman will ask the coroner to consider reopening a coronial inquest into the murder of Mackay woman Shandee Blackburn after allegations of forensic failures in her case.

With Matt Dennien