The NSW government says it is matter of life and death that coercive control is criminalised this year and it doesn't want concerns from domestic violence advocates to cause delays.
In the 13 remaining sitting days for the year, the government is trying to pass its landmark bill to outlaw coercive control – a form of domestic abuse that involves patterns of behaviour that deny victim-survivors their autonomy and independence.
If the bill passes, NSW would become the first Australian state or territory to have a dedicated stand-alone offence of coercive control.
Today the bill was introduced to the lower house after more than two years of research and consultation but it did not get much praise from those in the domestic and family violence sector.
Many groups, including Domestic Violence NSW, fear the bill could actually be dangerous if passed in its current form and want more consultation with the government.
The proposed legislation only covers intimate partner relationships, meaning family relationships are not included, and it must be proved the perpetrator had an intention to control.
Domestic Violence NSW CEO Renata Field said this may mean the offence gives false hope to survivors but turns out to be difficult to prosecute.
"You have to show that someone intended to cause that harm but in intimate relationships, there can be misguided beliefs… someone may feel they have a right to control finances for example… but they don’t believe that intentionally causes harm," Ms Field said.
"If the bill were to pass in its current form, we are concerned at best it would be under-utilised and not really help the people it is set up to help. At its worst, it could create issues of misidentification and not provide support to those who really deserve it."
Indigenous-led organisations say First Nations women are routinely misidentified as offenders by police investigating domestic violence and they worry if survivors cannot prove physical violence, they will have trouble proving psychological abuse.
Other groups such as Women's Legal Service NSW and the Redfern Legal Centre also voiced their opposition to the bill today and demanded more consultation.
But the government wants change now and said there had actually been "unprecedented" consultation on the bill, with seven rounds of discussions.
"Differences of drafting opinion are not justification for further delay," Attorney-General Mark Speakman said in the lower house today.
"There is obviously a divergence of views about just exactly how this legislation should be drafted but every day we wait risk another life being lost. We have to get on with it."
Mr Speakman said the "perfect cannot be the enemy of the good" and "irreconcilable" differences must be put forward to save lives.
"Coercive control is a proven red flag for domestic violence homicide."
The government said its bill does not include family or elder-carer relationships as they do not have the same links to homicide as intimate relationships do, and intention is part of the offence as it is at the core of coercive control.
Mr Speakman has, however, promised a review of the legislation in three years time to consider expanding to reckless coercive control and other family relationships.
He said that would also be the right to assess whether the maximum penalty of seven years imprisonment was adequate.
Labor has indicated they would mostly likely vote in favour of the bill but the Greens said they would put up a "fight".
Greens MP Abigail Boyd said the bill goes against best practice and the government should perfect the definition of coercive control first and then come back next year to make it an offence.
If the bill passes, it would come into effect in 2024 which Mr Speakman said would allow more than enough time to educate frontline services on how to identify coercive control.
Minister for Women’s Safety Natalie Ward said other countries with similar laws had demonstrated just how important it is to take time to grow community awareness about the offence.
"This is a very different way of capturing this crime, it is not an incident based response, it's a pattern of behaviour over time that forms a picture," she said.
