Hopes for legal reform as government announces inquiry into coercive control

Forcing a partner to sleep on the floor, controlling their finances, monitoring who they see and other forms of coercive control could be made illegal under possible reforms to domestic violence laws.

On Tuesday, the NSW government said it would establish a Parliamentary Joint Select Committee to examine coercive control, possible legislative reform and overall policy approach.

The government also released a discussion paper detailing key issues, including potential benefits and challenges associated with criminalising coercive control.

The inquiry announcement came on what would have been the 34th birthday of Preethie Reddy, the dentist murdered by her ex-boyfriend in 2019 after the pair attended a work conference. The 32-year-old's body was found in a suitcase two days later in her car in Sydney's east.

Her sister Nithya Reddy said she welcomed the news of the inquiry and hoped that any legislative reform would be coupled with a holistic community approach, including correctional, legal and support services, as well as health and education.

Nithya Reddy, the sister of Preethi Reddy, who was killed in March 2019. Credit: Wolter Peeters

"[The inquiry] is probably the most optimistic I've felt in addressing domestic violence homicide and domestic violence in our state. I think it's special it’s on Preethi's birthday," Ms Reddy said about Tuesday's announcement.

"[Preethie] was the kind of person who always wanted to make things better - that was always the sentiment that everyone around her felt and knew.

"For us to really get a grip and change the crisis that is gendered violence, it will take that holistic long-term approach, but right now there are women dying, women and children at imminent risk. There is no other way to stop that but to legislate."

Ms Reddy has also been working with NSW Labor MP Anna Watson to design a private member’s bill, named "Preethi’s law". The bill was presented to Parliament in September.

Coercive control is a form of domestic abuse in which the perpetrator asserts dominance and control over someone through repeated patterns of abusive behaviour; this can include monitoring or surveilling their communication, preventing them from seeing family and friends, and intimidating them.

Chief executive of Women's Safety NSW Hayley Foster welcomed the inquiry and said she hoped it would lead to changes in the current legislation.

"This is a groundbreaking opportunity to not only update the laws so they are reflective of our current understanding of women's experience of domestic and family violence, but also to instigate a significant cultural shift and practice changes in the civil and criminal justice system in the way in which they respond to domestic and family violence," Ms Foster said.

She added that the pandemic and subsequent economic downturn had made those experiencing domestic violence more vulnerable.

"It is a really dire situation right now," she said. "Now is the time to look at it - the sooner we address these issues, the better."

Tasmania is the only jurisdiction in Australia with specific offences that address coercive and controlling behaviours.

NSW Attorney-General and Minister for the Prevention of Domestic Violence Mark Speakman said criminalising coercive control would be complex but worthwhile.

"The horrific rate of domestic violence murders in Australia remains stubbornly consistent and coercive and controlling behaviour is a common precursor to intimate partner homicide," he said.

"The impact of this abuse is abhorrent, but the appropriate response to this behaviour remains an ongoing challenge for law enforcement and legal minds alike."

If you or someone you know is affected by sexual assault or family violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. Support is also available at Lifeline on 13 11 14 and Beyond Blue on 1300 224 636.

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