New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment (Coercive
Control) Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Amendment of Crimes (Domestic and Personal Violence) Act 2007
No 80 9
Schedule 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 11
Schedule 4 Amendment of Criminal Procedure Act 1986 No 209 12
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Crimes Legislation Amendment (Coercive
Control) Bill 2022
Act No , 2022
An Act to amend the Crimes Act 1900 to create a new offence relating to abusive behaviour
towards current and former intimate partners; to amend the Crimes (Domestic and Personal
Violence) Act 2007 to provide for a new definition of domestic abuse; and to make consequential
amendments.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Crimes Legislation Amendment (Coercive Control) Act 2022.
2 Commencement
(1) The provisions of this Act, other than Schedule 1, 2[3] and [5], 3 and 4, commence
on the earlier of the following--
(a) 1 February 2024,
(b) a day or days appointed by proclamation.
(2) Schedule 1[1], to the extent it inserts section 54I, commences on the earlier of the
following--
(a) 12 December 2022,
(b) a day appointed by proclamation.
(3) Schedule 1 (other than Schedule 1[1] to the extent it inserts section 54I), 2[3] and [5],
3 and 4 commence on the earlier of the following--
(a) 1 July 2024,
(b) the day or days, not earlier than 1 February 2024, appointed by proclamation.
Page 2
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40
[1] Part 3 Offences against the person
Insert after section 54B--
Division 6A Abusive behaviour towards intimate partners
54C Definitions
In this Division--
abusive behaviour--see section 54F.
adult means an individual who is 18 years of age or older.
course of conduct--see section 54G.
intimate partner, of a person (the first person), means a person who--
(a) is or has been married to the first person, or
(b) is or has been a de facto partner of the first person, or
Note-- "De facto partner" is defined in the Interpretation Act 1987, section 21C.
(c) has or has had an intimate personal relationship with the first person,
whether or not the intimate relationship involves or has involved a
relationship of a sexual nature.
intimidation, of a person, has the same meaning as in the Crimes (Domestic
and Personal Violence) Act 2007.
stalking has the same meaning as in the Crimes (Domestic and Personal
Violence) Act 2007.
54D Abusive behaviour towards current or former intimate partners
(1) An adult commits an offence if--
(a) the adult engages in a course of conduct against another person that
consists of abusive behaviour, and
(b) the adult and other person are or were intimate partners, and
(c) the adult intends the course of conduct to coerce or control the other
person, and
(d) a reasonable person would consider the course of conduct would be
likely, in all the circumstances, to cause any or all of the following,
whether or not the fear or impact is in fact caused--
(i) fear that violence will be used against the other person or another
person, or
(ii) a serious adverse impact on the capacity of the other person to
engage in some or all of the person's ordinary day-to-day
activities.
Maximum penalty--Imprisonment for 7 years.
(2) For subsection (1)(a)--
(a) the course of conduct may be constituted by any combination of abusive
behaviours, and
(b) whether the course of conduct consists of abusive behaviour must be
assessed by considering the totality of the behaviours.
Page 3
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
54E Defence
(1) In proceedings for an offence under section 54D(1), it is a defence if the course
of conduct was reasonable in all the circumstances.
(2) For subsection (1), that the course of conduct was reasonable in all the
circumstances is taken to be proven if--
(a) evidence adduced is capable of raising an issue as to whether the course
of conduct is reasonable in all the circumstances, and
(b) the prosecution does not prove beyond reasonable doubt that the course
of conduct is not reasonable in all the circumstances.
54F Meaning of "abusive behaviour"
(1) In this Division, abusive behaviour means behaviour that consists of or
involves--
(a) violence or threats against, or intimidation of, a person, or
(b) coercion or control of the person against whom the behaviour is
directed.
(2) Without limiting subsection (1), engaging in, or threatening to engage in, the
following behaviour may constitute abusive behaviour--
(a) behaviour that causes harm to a child if a person fails to comply with
demands made of the person,
(b) behaviour that causes harm to the person against whom the behaviour is
directed, or another adult, if the person fails to comply with demands
made of the person,
(c) behaviour that is economically or financially abusive,
Examples for paragraph (c)--
• withholding financial support necessary for meeting the reasonable
living expenses of a person, or another person living with or dependent
on the person, in circumstances in which the person is dependent on the
financial support to meet the person's living expenses
• preventing, or unreasonably restricting or regulating, a person seeking
or keeping employment or having access to or control of the person's
income or financial assets, including financial assets held jointly with
another person
(d) behaviour that shames, degrades or humiliates,
(e) behaviour that directly or indirectly harasses a person, or monitors or
tracks a person's activities, communications or movements, whether by
physically following the person, using technology or in another way,
(f) behaviour that causes damage to or destruction of property,
(g) behaviour that prevents the person from doing any of the following or
otherwise isolates the person--
(i) making or keeping connections with the person's family, friends
or culture,
(ii) participating in cultural or spiritual ceremonies or practice,
(iii) expressing the person's cultural identity,
(h) behaviour that causes injury or death to an animal, or otherwise makes
use of an animal to threaten a person,
(i) behaviour that deprives a person of liberty, restricts a person's liberty or
otherwise unreasonably controls or regulates a person's day-to-day
activities.
Page 4
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Examples for paragraph (i)--
• making unreasonable demands about how a person exercises the person's
personal, social or sexual autonomy and making threats of negative
consequences for failing to comply with the demands
• denying a person access to basic necessities including food, clothing or sleep
• withholding necessary medical or other care, support, aids, equipment or
essential support services from a person or compelling the person to take
medication or undertake medical procedures
54G Meaning of "course of conduct"
(1) In this Division, a course of conduct means engaging in behaviour--
(a) either repeatedly or continuously, or
(b) both repeatedly and continuously.
(2) For subsection (1), behaviour does not have to be engaged in--
(a) as an unbroken series of incidents, or
(b) in immediate succession.
(3) For subsection (1), a course of conduct includes behaviour engaged in--
(a) in this State, and
(b) in this State and another jurisdiction.
54H Procedural requirements
(1) In proceedings for an offence under section 54D(1)--
(a) if a specific incident of abusive behaviour is alleged to form part of the
course of conduct, the prosecution is not required to allege the
particulars that would be necessary if the incident were charged as a
separate offence, but
(b) the prosecution is required to allege--
(i) the nature and description of the behaviours that amount to the
course of conduct, and
(ii) the particulars of the period of time over which the course of
conduct took place.
(2) For the accused to be convicted of an offence under section 54D(1), the trier
of fact--
(a) must be satisfied beyond reasonable doubt that the evidence establishes
a course of conduct that consists of abusive behaviour, and
(b) is not required to be satisfied of the particulars of any specific incident
of behaviour alleged to form part of the course of conduct that it would
have to be satisfied of if the incident were charged as a separate offence.
Note-- This Division does not affect the common law in relation to double jeopardy.
54I Coercive Control Implementation and Evaluation Taskforce
(1) The Minister must establish a Coercive Control Implementation and
Evaluation Taskforce.
(2) The taskforce is to include the following members appointed by the
Minister--
(a) the Secretary of the department in which this Act is administered, who
is to be the chairperson of the taskforce,
(b) a representative of the NSW Police Force,
Page 5
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(c) the chair of the Domestic and Family Violence and Sexual Assault
Council,
(d) a member from the domestic and family violence sector with substantial
expertise and experience in domestic and family violence service
delivery.
(3) The main purposes of the taskforce are as follows--
(a) to consult with stakeholders, including reference groups established
under this section, about the offence under section 54D (the coercive
control offence) and related matters,
(b) to provide advice about, and monitor, training, education and resourcing
in relation to the coercive control offence,
(c) to provide advice about the commencement dates of, and interaction
between, the definition of domestic abuse in the Crimes (Domestic and
Personal Violence) Act 2007, section 6A and the coercive control
offence,
(d) to evaluate implementation of the coercive control offence and
resourcing in relation to the coercive control offence,
(e) to monitor the operation of this Division, including--
(i) the practical application of defences to the coercive control
offence, and
(ii) resourcing in relation to the operation of the Division,
(f) to provide advice to the Minister about other matters related to a matter
in paragraph (a)-(e) or the coercive control offence.
(4) The chairperson of the taskforce must convene the first meeting of the
taskforce within 1 month after the commencement of this section.
(5) The taskforce must establish reference groups to consider, and provide advice
and recommendations to the taskforce about any of the following matters--
(a) the impact of this Division on specific communities,
Examples-- Aboriginal persons, the LGBTIQA+ community
(b) particular elements of the Division.
(6) A reference group must consist of members who have expertise in, or legal
knowledge of, the subject matter for which the reference group is established.
Examples of sectors, groups and organisations from which members of
reference groups might be drawn-- the domestic and family violence sector, the
legal profession, the Judicial Commission of NSW, Aboriginal organisations and
groups, the culturally and linguistically diverse sector, LGBTIQA+ groups, the disability
sector, youth and childrens groups, victims and survivors of sexual or domestic and
family violence and the families of victims and survivors
(7) In carrying out its purposes, the taskforce must consult with any reference
group that is relevant to the particular purpose.
(8) The taskforce must give the Minister a report in relation to its main purposes--
(a) at least once in each 6 months during the period between the
commencement of this provision and the commencement of the
coercive control offence, and
(b) at least every 12 months after the commencement of the coercive
control offence.
(9) The Minister must ensure a report under subsection (8) is tabled in each House
of Parliament within 21 days after receiving it.
Page 6
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(10) The taskforce ceases to operate, and this section is repealed, on the day on
which, under section 54J(5)(c), the report about the third review about this
Division is tabled in the Legislative Assembly.
54J Review of Division
(1) The Minister must review this Division to determine whether--
(a) the policy objectives of the Division remain valid, and
(b) the terms of the Division remain appropriate for securing those
objectives.
(2) Without limiting subsection (1), a review under this section must consider the
following--
(a) whether section 54D(1)(c) should be extended to cover recklessness,
(b) whether this Division should apply to relationships other than current
and former intimate partner relationships,
(c) the impact of this Division on Aboriginal people, culturally and
linguistically diverse people and LGBTQI+ people,
(d) whether victims of an offence under this Division may be misidentified
as perpetrators,
(e) whether the penalty for the offence under section 54D(1) should be
extended,
(f) the types of behaviour in relation to which prosecutions for an offence
under section 54D(1) are proceeding, including whether charges are
being laid in relation to non-physical forms of abusive behaviour,
(g) the extent to which the offence under section 54D(1) is being charged
on its own or in combination with other charges,
(h) the use of the defence under section 54E, including how often and the
circumstances in which the defence is being used,
(i) whether there are variations in the use of the offence under section
54D(1) in different police regions, commands and districts,
(j) the operation of the Crimes (Domestic and Personal Violence Act 2007,
section 6A to assess whether the definition of domestic abuse in that
section--
(i) has had an impact on the education of the community about
domestic abuse, and
(ii) has improved police practice in responding to domestic and
family abuse,
(k) in relation to particular areas in the State and types of courts--
(i) the number of cases for which proceedings for an offence under
section 54D(1) have been commenced, and
(ii) the number of convictions for an offence under section 54D(1),
and
(iii) the average period between service of a complaint or an
indictment for an offence under section 54D(1) and a finding or
verdict as to guilt, including a plea guilty.
(3) In conducting a review under this section, the Minister must have regard to--
(a) the transcripts of criminal trials, conducted during the period to which
the review relates (the review period), that relate to an offence under
section 54D(1), and
Page 7
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(b) the training that has occurred during the review period in relation to the
offence under section 54(1), including--
(i) the type of training, and
(ii) the number and kinds of persons to whom the training has been
provided, including police officers, judicial officers and legal
practitioners, and
(iii) the effectiveness of the training.
(4) A review under this section is to be undertaken--
(a) for the first review--as soon as possible after the period of 2 years from
the commencement of this Division, and
(b) for the second and third reviews--as soon as possible after the period of
2 years from the last review under this section.
(5) A report on the outcome of a review under this section is to be tabled in each
House of Parliament within--
(a) for a report about the first review--within 3 years after the
commencement of this Division, and
(b) for a report about the second review--within 3 years after the report
about the first review was required to be tabled under paragraph (a), and
(c) for a report about the third review--within 3 years after the report about
the second review was required to be tabled under paragraph (b).
[2] Schedule 11 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Crimes Legislation Amendment (Coercive Control)
Act 2022
Application of amendments
Part 3, Division 6A, as inserted by the Crimes Legislation Amendment
(Coercive Control) Act 2022, applies only in relation to behaviour that
occurred, or is alleged to have occurred, on or after the commencement of the
Division.
Page 8
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 2 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80
Schedule 2 Amendment of Crimes (Domestic and Personal
Violence) Act 2007 No 80
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
domestic abuse--see section 6A.
[2] Section 6A
Insert after section 6--
6A Meaning of "domestic abuse"
(1) In this Act, domestic abuse means any of the following behaviours directed by
one person (the first person) against another person (the second person) with
whom the first person has a domestic relationship--
(a) violent or threatening behaviour,
(b) behaviour that coerces or controls the second person,
(c) behaviour that causes the second person to fear for the person's safety
or wellbeing or the safety and wellbeing of others.
(2) Without limiting subsection (1), engaging in, or threatening to engage in, the
following behaviour may constitute domestic abuse--
(a) behaviour that is physically abusive or violent,
(b) behaviour that is sexually abusive, coercive or violent,
(c) behaviour that is economically or financially abusive,
Examples--
• withholding financial support necessary for meeting the reasonable
living expenses of a person, or another person living with or dependent
on the person, in circumstances in which the person is dependent on the
financial support to meet the person's living expenses
• preventing, or unreasonably restricting or regulating, a person seeking
or keeping employment or having access to or control of the person's
income or financial assets, including financial assets held jointly with
another person
(d) behaviour that is verbally abusive,
(e) behaviour that shames, degrades or humiliates,
(f) behaviour that is intimidation,
(g) behaviour that is stalking, or that directly or indirectly harasses a
person, or monitors or tracks a person's activities, communications or
movements, whether by physically following the person, using
technology or in another way,
(h) behaviour that damages or destroys property,
(i) behaviour that causes death or injury to an animal, or otherwise makes
use of an animal to threaten a person,
(j) behaviour that prevents the second person from doing any of the
following or otherwise isolates the person--
(i) making or keeping connections with the person's family, friends
or culture,
(ii) participating in cultural or spiritual ceremonies or practice,
(iii) expressing the person's cultural identity,
Page 9
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 2 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80
(k) behaviour that deprives the second person of liberty, restricts the second
person's liberty or otherwise unreasonably controls or regulates a
person's day-to-day activities,
Examples--
• making unreasonable demands about how a person exercises the
person's personal, social or sexual autonomy and making threats of
negative consequences for failing to comply with the demands
• denying a person access to basic necessities including food, clothing or
sleep
• withholding necessary medical or other care, support, aids, equipment
or essential support services from a person or compelling the person to
take medication or undertake medical procedures
(3) Domestic abuse includes behaviour by the first person that causes a child to
hear or witness, or otherwise be exposed to the effects of, behaviour
mentioned in subsection (1).
(4) Domestic abuse may, in the context of the relationship, be constituted by--
(a) a single act, omission or circumstance, or
(b) a combination of acts, omissions or circumstances over a period of time.
(5) Behaviour mentioned in subsection (1) or (2) may constitute domestic abuse
even if the behaviour does not constitute a criminal offence.
[3] Section 11 Meaning of "domestic violence offence"
Insert after section 11(1)(b)--
(b1) an offence under the Crimes Act 1900, section 54D(1), or
[4] Section 11
Omit section 11(1)(c). Insert instead--
(c) an offence, other than a personal violence offence, in which the conduct
that constitutes the offence is domestic abuse.
[5] Section 11(1)(c)
Insert "or an offence mentioned in paragraph (b1)" after "personal violence offence".
[6] Schedule 1 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Crimes
Legislation Amendment (Coercive Control) Act
2022
Application of amendments
An amendment made by the Crimes Legislation Amendment (Coercive
Control) Act 2022 applies only in relation to--
(a) behaviour that occurred, or is alleged to have occurred, on or after the
commencement of the amendment, or
(b) an offence committed, or alleged to have been committed, on or after
the commencement of the amendment.
Page 10
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 3 Amendment of Crimes (Sentencing Procedure)
Act 1999 No 92
Section 27 Application of Division
Insert "54D(1)," after "section" wherever occurring in section 27(2)(e) and (4)(e).
Page 11
Crimes Legislation Amendment (Coercive Control) Bill 2022 [NSW]
Schedule 4 Amendment of Criminal Procedure Act 1986 No 209
Schedule 4 Amendment of Criminal Procedure Act 1986 No
209
Schedule 1 Indictable offences triable summarily
Insert "54D(1)," after "54," in Table 1, item 2.
Page 12
[Index] [Search] [Download] [Related Items] [Help]