‘Serious and harmful’: Coercive control criminalised in landmark legislation

Queensland has become only the second jurisdiction in Australia to criminalise coercive control.

The landmark legislation passed in state parliament on Wednesday, more than four years after the tragic deaths of Hannah Clarke and her young children.

Hannah Clarke and her three children were murdered by Clarke’s estranged partner in 2020 in Camp Hill.

Hannah, 33, and her children - Aaliyah, Laianah and Trey - were set on fire in their car by estranged husband Rowan Baxter in February 2020.

Her parents, Sue and Lloyd Clarke, have been campaigning for coercive control to be a standalone offence ever since.

Coercive control is a form of abuse where perpetrators display a pattern of manipulative behaviour designed to intimidate and isolate the victim.

Minister for Women Shannon Fentiman expected the legislation to come into effect by the first half of next year. The new offence will carry a maximum penalty of 14 years’ jail.

“Our government understands how serious and harmful the offence of coercive control can be and this bill is the embodiment of a shift of our understanding of domestic and family violence,” Fentiman told parliament.

Queensland Police will roll out a coercive control training program for officers from July 2024.

Queensland now joins NSW as the only jurisdictions to have passed laws criminalising coercive control. It caps a long campaign by Sue and Lloyd Clarke who earned 2022 Queensland Australian of the Year honours.

They also operate the Small Steps 4 Hannah Foundation, which educates children and supports victims and their families.

Queensland passed laws in February 2023 broadening the definition of domestic violence to include patterns of behaviour.

Queensland Minister for Women Shannon Fentiman announces legislation to criminalise coercive control. with anti-domestic and family violence campaigners Sue and Lloyd Clarke in attendence.Credit: Matt Dennien

The bill to make coercive control a crime was introduced in October.

An affirmative model of consent also passed as part of Wednesday’s bill. It will criminalise the tampering or removing of a condom without consent - called stealthing - to bring Queensland in line with other jurisdictions, barring the Northern Territory and Western Australia.

Queensland courts will be able to consider relevant domestic violence or criminal history in their decisions under the legislative reforms.

Courts will also have more power to respond to protection applications and award costs to prevent perpetrators from using the legal process to further abuse victims.

Under the legislation, domestic violence complainants and other witnesses will be under the protected witness scheme and courts will be allowed to give directions to juries and hear expert witnesses on DV.

– AAP

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).

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