Lead

Legislation to criminalise coercive control has been introduced in the Australian Capital Territory (ACT), while Tasmania has unveiled reforms to its family violence laws, marking significant steps in addressing a form of abuse long recognised by advocates. The ACT bill, tabled by the government, would make coercive control a standalone offence, but the laws are not expected to come into force for years. In Tasmania, the government has proposed changes that include a nation-leading levy on offenders and an extension of the statutory limitation period for coercive control claims.

Coverage Comparison

Both developments were reported by the Australian Broadcasting Corporation (ABC), which provided details on the respective government proposals. The ACT coverage focused on the introduction of new legislation and the deliberate decision not to define specific acts of coercive control, allowing the offence to capture patterns of behaviour. The Tasmania coverage centred on reforms to existing family violence laws, including the levy and extended limitation period, and noted the approval of family violence advocates while acknowledging that more work remains.

Key Claims

The ACT government has introduced legislation to make coercive control a standalone offence, according to ABC's report. The bill does not define specific actions of coercive control, a move that Minister for the Prevention of Family and Domestic Violence Marisa Paterson said was intentional. "So what we've done with the legislation is to introduce an offence that looks at a pattern of behaviour," she said, adding that it was important not to be too prescriptive.

Coercive control is described as a pattern of behaviour used to entrap someone in a relationship, creating fear and denying freedom and independence. It can involve financial control, isolation, monitoring, humiliation, and constant criticism, according to the ACT government.

The ACT legislation follows similar moves in New South Wales and Queensland, where coercive control is already a standalone offence. However, the ACT laws will not come into effect for years, as the government has said the community, law enforcement, and courts need time to understand them.

Domestic and family violence is a major issue for ACT police, with a 33 per cent increase in domestic violence reported over the last three years, as noted by ABC.

In Tasmania, the government's reforms aim to better capture coercive control behaviours in the Family Violence Act. The changes include extending the statutory limitation period for coercive control from one to two years, which Legal Aid's Margaret Chandler said would help in prosecuting offenders. "People very rarely come in after the first instance, or the second instance, or the third instance," she said.

A "nation-leading" levy for offenders will be introduced, with funds going towards compensating victims, according to Attorney-General Guy Barnett. The reforms also include changes to laws around non-fatal strangulation.

Perspectives

The proposed changes in Tasmania have been commended by family violence advocates, though they caution that more work is needed. The ACT legislation has been championed by Canberra Liberals spokesperson for women Leanne Castley, who shared personal recollections of her mother's experience with abuse. "It's affected generations of my family," she said, describing how a partner would tell her mother she was worthless. She noted that many victim-survivors do not realise they are experiencing coercive control.

Minister Paterson emphasised the need for the legislation to focus on patterns of behaviour rather than specific actions, to avoid being too prescriptive. However, the delayed implementation has been a point of concern for advocates who have long called for action.

As of now, both the ACT and Tasmania are moving forward with these reforms, but the full impact will only be seen once the laws are enacted and enforced.