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Newcastle Herald
Newcastle Herald
Alanna Tomazin

'I hope it will save lives': safety of victims at forefront with new laws

Got Your Back Sista chairperson Belinda Wellings says the new laws put the safety of victim survivors at the forefront for the first time. Picture ACM/Canva

COERCIVE control is now a crime in NSW.

From July 1, victim survivors of domestic, family and sexual violence have stronger protections across the state, with the criminalisation of coercive control and stronger bail laws coming into effect.

Got Your Back Sista chairperson Belinda Wellings says the new laws put the safety of victim survivors at the forefront for the first time.

"[previously] if someone was experiencing coercive control and they wanted to report to police and have recourse under the justice system - that didn't exist," she said.

"Unless there was some sort of reportable event like physical violence, sexual violence or threatening behaviour."

Now victims can report the pattern of behaviour that is coercive control, she said.

"That's really important because in a considerable number of domestic violence murders, coroners find the only physical abuse that occurred throughout the relationship was at the point of death.

"Up until that point the domestic violence that was happening was coercive control, those patterns of behaviour."

Coercive control was a precursor to 97 per cent of intimate partner domestic violence homicides in NSW between 2000 and 2018.

So what is coercive control?

Coercive control is an insidious form of abuse which can manifest in different ways.

Hunter Domestic and Family Violence Consortium coordinator Lisa Ronneberg says it's a pattern of behaviour where someone is intentionally trying to abuse or control another person.

"It can include a range of things and look really different to individuals but it could include things like physically being violent, making threats, constant monitoring of where their partner is, trying to isolate them and making financial control," she said.

The new legislation is specific to an intimate current or former partner, and relationships involving coercive control can now lead up to seven years of imprisonment.

NSW is the first Australian jurisdiction to have a standalone dedicated offence of coercive control.

Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said the state government was committed to reducing domestic and family violence.

"Today's commencement of coercive control and bail laws sends a strong message to perpetrators that abuse is unacceptable," she said.

"We have listened to the lived experience of victim-survivors about reforms that are needed in the system, including implementing a Primary Prevention Strategy to address the drivers of violence and stop it before it starts."

The criminalisation of coercive control passed parliament in 2022, but its introduction delayed to allow time to educate police, the judiciary and the public.

Successful prosecutions will have to prove an intent to coerce and control and police have been trained to use the new laws.

Minister for Police and Counter-terrorism Yasmin Catley said the mandatory training was thorough.

"It shows how seriously the NSW Police Force are taking this, and it ensures all operational police can identify and take action against coercive control offences in NSW," she said.

The feedback I'm getting from the police on the ground is that the training is valuable, comprehensive and officers feel well supported."

Bail decision-makers must also do an unacceptable risk test, considering 'red flag' behaviour that could constitute domestic abuse, including sexually abusive behaviour, coercive or violent, stalking, behaviour that causes death or injury to an animal, verbally abusive or intimidating behaviour.

Ms Wellings hopes the new legislation will save lives.

"If we start to break the cycle of domestic violence, we've got a hop that at some point in the future we'll live in a world where domestic violence is very rare," she said.

Ms Ronneberg is certain there will be a positive impact in terms of people being able to report and use the legislation to prevent further abuse or violence.

"These laws are a step in the right direction. It will have some really positive outcomes for lots of people who are currently experiencing control," she said.

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