A-G’s strategy guidelines first step on path to making coercive control a crime

The nation is one step closer to criminalising coercive control after A-G Michaelia Cash released the terms of reference for developing a national strategy addressing the “insidious” abuse.

Coercive control is a pattern of oppressive behaviour where perpetrators assert emotional, psychological, physical or financial control.

The nation is one step closer to criminalising coercive and controlling behaviour – often the precursor to intimate partner murder – after Attorney-General Michaelia Cash released the terms of reference for developing a national strategy addressing the “insidious” form of abuse.

Australia’s chief law officers will work together to design the principles to address coercive control, which will act as an important guide for states and territories in shaping their own legal response to the issue, including creating a criminal offence.

Coercive control is a pattern of oppressive behaviour where perpetrators assert emotional, psychological, physical or financial control, including isolating their victim’s contact with family and friends, and robbing them of their independence.

A NSW study found 99 per cent of intimate partner homicides between 2008 and 2016 were preceded by coercive control.

Senator Cash said developing a “national understanding” of coercive control was key to effectively responding to the behaviour, which was an “insidious form of domestic and family violence”.

“Any criminalisation of coercive control must be informed by a national approach to ensure individuals have equal access to justice, no matter where they live in Australia,” she said.

“This will make it clear that this type of behaviour is unacceptable across all of Australia.”

Following a meeting of attorneys-general in Canberra on Friday, Senator Cash said although the decision to criminalise this behaviour was a matter for the states and territories, the terms of reference represented an important step and would take “vulnerable or systematically disadvantaged groups” into consideration.

“These national principles will provide an important guide for jurisdictions responding to coercive control, including on legislative development for states and territories who choose to adopt criminal offences,” she said.

Rape and Domestic Violence Services Australia chief executive Hayley Foster welcomed the announcement, saying it was “really significant” to see “this kind of federal leadership on this issue”.

“It is a landmark occasion, finally we have the issue of gender-based violence against women on the agenda, the rubber is really hitting the road when it comes to this crisis,” Ms Foster said. She said by setting a national benchmark, it would allow advocacy organisations such as hers to engage with the community, but urged the government to carefully consider the effect of any legislation on marginalised communities.

“It means there is going to be focus on getting a common understanding, if we have a really clear definition (of coercive control) as well as rape and domestic violence … then we can do fantastic community engagement and awareness and education,” she said. “We need to make sure these laws, if there are any, are set up to work for everyone and there won‘t be any unintended consequences.”

Law Council of Australia president Jacoba Brasch QC also welcomed the introduction of guiding “core principles”.

“It’s a scourge on our society and I welcome the announcement from the Attorney-General, it‘s a complex issue of coercive control, and there is no excuse for it,” Dr Brasch said.