Justice reforms to target coercive control

  • Systemic and legal changes to address family and domestic violence behaviours
  • Training and education campaigns as part of whole-of-Government response
  • Phased approach to criminalisation of coercive control

The Cook Government is taking further action against family and domestic violence by introducing key reforms to address the pattern of behaviours known as coercive control.

Coercive control is one of the more insidious forms of family and domestic violence, which describes a pattern of controlling behaviours such as verbal or emotional abuse, intimidation, financial abuse, isolation, and manipulation, which often result in a loss of confidence, a loss of autonomy in the victim-survivors, and creates a sense of fear.

The Cook Government will introduce a range of systemic and legislative reforms in a phased approach designed to prevent coercive control, protect, and support victim-survivors, as well as hold perpetrators accountable.

The reforms being immediately introduced to address coercive control include:

  • Amending the Restraining Orders Act 1997 to better reflect the patterned nature of coercive control behaviours, and their cumulative effect;
  • Improving the application process for family violence restraining orders, and changing the way breaches are dealt with to better recognise patterns of behaviour;
  • Developing tools to help victim-survivors gather and document evidence;
  • Providing specific training on coercive control for police officers and other justice professionals;
  • Improving information sharing and risk assessment tools; and
  • Commissioning community education campaigns to increase awareness and understanding.

The Government will take a phased approach to criminalisation, commencing with systemic reform and education and training, along with ensuring that our system is able to respond appropriately, and deliver positive outcomes for victim-survivors before a standalone offence for coercive control is introduced.

These initiatives follow extensive community and stakeholder consultations about legal responses for coercive control, done by the Office of the Commissioner for Victims of Crime. The Consultation Outcomes Report has been published today: Commissioner for Victims of Crime (www.wa.gov.au)

As stated by Attorney General John Quigley:

“We need to make sure that we have in place a justice system which can respond effectively and appropriately to these ongoing patterns of behaviour.

“The proposed amendments to the Restraining Orders Act 1997 will make it easier for victim-survivors to obtain a restraining order, by amending the definition of ‘family violence’ to include specific reference to coercive control, the patterned nature of these behaviours and their cumulative impact.

“A phased approach to criminalisation allows the Government to ensure that our responses to coercive control will protect victim-survivors, not harm them.

“The result of our reforms should be a fairer system based on prevention, protection and prosecution.”

As stated by Prevention of Family and Domestic Violence Minister Sabine Winton:

“While physical forms of family and domestic violence are easily recognised and identified, coercive control is subtle and much harder to identify. It can be things like having passwords to their partner’s phone, convincing them to give up activities they used to enjoy doing, or encouraging them to stop seeing certain friends.

“We know coercive controlling behaviour is not only a reliable predictor of future family and domestic violence, but that it also often happening alongside domestic violence.

“Around half of women who have experienced coercive controlling behaviours also report experiencing physical abuse in the same relationship.

“Prevention must be the main priority. Everyone in the community needs to be aware of this behaviour – to know what it looks like and be able to respond when we see it happening to our family or friends.

“This is why we are funding community education and awareness campaigns, so that people can see the red flags early.”

As stated by Women’s Interests Minister Sue Ellery:

“Coercive control is an insidious and unrelenting form of family violence which our Government is determined to stamp out.

“The coercive control report outlines a way forward to stop an often invisible form of family violence and provide victim-survivors with the supports that they need.

“The launch of community education campaigns will also play a crucial role in raising awareness of this issue.”

/Public Release. View in full here.