Queensland Parliament is implementing new laws criminalising coercive control after recent passage through state parliament earlier this month.
The laws come after the State Government previously established a Taskforce in 2021 to examine coercive control and review the need for a specific offence in the context of domestic violence.
The Taskforce recommended that immediate legislative reforms are required to strengthen Queensland’s current response to coercive control and this legislation implements those recommendations through amendments to the Criminal Code, Domestic Violence Act, Evidence Act and the Penalties and Sentences Act.
Whilst coercive and controlling behaviours are defined under “domestic violence” in the Domestic and Family Violence Protection Act, coercive control does not currently constitute a criminal offence in Queensland.
At present, police can only intervene after the fact rather than addressing the behaviour leading up to any incident of domestic violence. For example, if there has been an incident or allegation of domestic violence police can take action regarding that specific incident; not the associated behaviour that may have occurred prior to the incident. This was deemed critical because behaviour that is considered coercively controlling is viewed as a precursor to other forms of domestic violence, including stalking or assault.
The new laws are expected to come into force in 2025 and will carry a maximum penalty of 14 years imprisonment.
To put in context, the maximum penalty for coercive control is more than one faces when charged with any of the following:
- Assault Occasioning Bodily Harm;
- Bribery;
- Escaping lawful custody;
- Sexual Assault;
- Kidnapping;
- Break and Enter.
The legal profession widely considers these laws to have been poorly considered before being rushed through parliament. It seems the state is attempting to further interfere in the private lives of the community and legislate against any arguments or disputes that occur within relationships.
There is currently rightful outrage about neighbourhood crime, such as break and enters, and the apparent lack of police presence to both deter these crimes but also to respond when required. The government is now requiring extra police resources be committed to enforce “coercive control” laws, further eroding the availability of police to respond to other matters such as tackling the youth crime concerns.
The current Domestic Violence Legislation already offers significant protection for those in need. There was seemingly no requirement for these latest amendments but for the ever increasing encroachment on the private lives of those in the community. There seems no plausible explanation for criminalising, for instance, having a family savings account that one partner does not have autonomy over.
Our job at Jones + Associates, Brisbane Domestic Violence Lawyers is to assist members of the community understand the changes to the legislation and assist those who are directly affected.
If you or anyone you know are in need assistance with your matter, we are here to help. Contact Jones + Associates today.