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Motion · 20 March 2025

Coercive control: Criminalisation

Wording in the final text came from Marisa PatersonLabor · Minister (1)

In short

Proposed
Leanne Castley brought this motion on 20 March 2025.
Changed
1 change proposed by Marisa Paterson; 1 agreed.
Decided
Agreed as changed. No individual votes were recorded, so this doesn't show who supported it.
Final wording
Compared with the original, 143 words taken out and 219 words put in. See every difference
  1. What was proposedLeanne CastleyLiberal · Opposition
    Read the original wording (330 words)

    That this Assembly: (1) notes that: (a) coercive control is a pattern of abusive behaviour used to dominate, intimidate, and manipulate victims, often leading to significant psychological and emotional harm; (b) domestic and family violence remains a pressing concern in the ACT, with coercive control being a key factor in many abusive relationships, and a precedent for almost all intimate partner domestic violence homicides; (c) several Australian jurisdictions, including New South Wales, Queensland, and Tasmania have moved to criminalise coercive control to provide better protection for victims and hold perpetrators accountable; and (d) law reform in this area must balance the need to protect victims with safeguards to uphold due process, ensuring that laws are clear, enforceable, and do not inadvertently criminalise ordinary relationship disputes or misunderstandings; (2) acknowledges that: (a) there is strong community and expert support for criminalising coercive control as part of a broader strategy to combat domestic and family violence, including support from the Australian Federal Police Association; (b) the ACT Government has a responsibility to ensure its legal framework adequately protects victims while safeguarding individual liberties and preventing wrongful convictions; and (c) effective reform requires thorough consultation with legal experts, law enforcement, victims’ advocates, and the broader community to ensure a workable and effective legislative response, supported by a community education campaign; and (3) calls on the ACT Government to: (a) introduce legislation to criminalise coercive control in the ACT, ensuring it is clearly defined and includes appropriate evidentiary standards and legal safeguards, consistent with the approach of New South Wales; (b) conduct a comprehensive review of existing domestic violence laws to identify gaps and ensure consistency with any new coercive control offence; (c) provide improved support and resources for victims, including the Aboriginal and Torres Strait Islander community, through education, advocacy services, and enhanced law enforcement training to better identify and respond to coercive control; and (d) report back to the Assembly within six months on progress towards drafting and introducing this legislation.

  2. Proposed changeMarisa PatersonLabor · Minister20 March 2025

    Grouped by key words as: rewrote the proposal, added reporting or consultation, turned an action into a review.

    The exact wording of this change

    Omit all text after “That this Assembly:”, substitute: “(1) notes that: (a) coercive control is a pattern of abusive behaviour used to control and dominate a person by creating fear and denying their liberty and autonomy. Coercive control can involve physical or non-physical violence or a combination of both and has a devastating impact on a victim’s identity, their physical health and social and emotional wellbeing, and their connection with friends, family and culture; (b) domestic and family violence is a national crisis, and multiple Death Review Reports have found that coercive control is present in almost all intimate partner homicides; (c) several Australian jurisdictions, including New South Wales, Queensland, and Tasmania have moved to criminalise coercive control to provide better protection for victims and hold perpetrators accountable; and (d) law reform in this area must be carefully considered to avoid misidentification of the primary aggressor and ensure police and other justice stakeholders are equipped to understand and enforce the law appropriately; (2) acknowledges that: (a) there is community and expert support for criminalising coercive control as part of a broader strategy to combat domestic and family violence, including support from the Australian Federal Police Association; and (b) effective reform requires thorough consultation with legal experts, law enforcement, victims’ advocates, and the broader community to ensure a workable and effective legislative response, supported by a community education campaign; and (3) calls on the ACT Government to: (a) consult with the Domestic Violence Prevention Council in relation to best practice responses to coercive control; (b) continue to develop the ACT’s Domestic, Family and Sexual Violence Strategy with specialist ACT agencies to ensure a coordinated response to domestic, family and sexual violence; (c) conduct a review of legislation relating to the criminalisation of coercive control nationally to assess implementation, effectiveness and identify any gaps, assess the ACT’s current legislative framework in so far as it captures coercive control, and introduce legislation informed by the review; (d) enhance support and resources for people experiencing coercive control and improve awareness of, and responses to, coercive control in the ACT community; (e) increase the capacity of frontline domestic, family and sexual violence services to respond to coercive control; (f) improve the provision of training and education to police and other justice agencies, including the judiciary, in relation to coercive control; and (g) report back to the Assembly within six months on progress in relation to these activities, including in relation to a timeline for legislation.”. Debate continued.

    Agreed on the voices. No individual votes were recorded. Its wording is in the final text.

  3. What the Assembly decidedAgreed

    Decided on the voices: no individual votes were recorded, so this doesn’t show that every MLA agreed.

    Final agreed wording, with changes marked

    That this Assembly: (1) notes that: (a) coercive control is a pattern of abusive behaviour used to control and dominate a person by creating fear and denying their liberty and autonomy. Coercive control can involve physical or non-physical violence or a combination of both and has a devastating impact on a victim’s identity, their physical health and social and emotional wellbeing, and their connection with friends, family and culture; (b) domestic and family violence is a national crisis, and multiple Death Review Reports have found that coercive control is present in almost all intimate partner homicides; (c) several Australian jurisdictions, including New South Wales, Queensland, and Tasmania have moved to criminalise coercive control to provide better protection for victims and hold perpetrators accountable; and (d) law reform in this area must be carefully considered to avoid misidentification of the primary aggressor and ensure police and other justice stakeholders are equipped to understand and enforce the law appropriately; (4) acknowledges that: (a) there is community and expert support for criminalising coercive control as part of a broader strategy to combat domestic and family violence, including support from the Australian Federal Police Association; and (b) effective reform requires thorough consultation with legal experts, law enforcement, victims’ advocates, and the broader community to ensure a workable and effective legislative response, supported by a community education campaign; and (5) calls on the ACT Government to: (a) consult with the Domestic Violence Prevention Council in relation to best practice responses to coercive control; (b) continue to develop the ACT’s Domestic, Family and Sexual Violence Strategy with specialist ACT agencies to ensure a coordinated response to domestic, family and sexual violence; (c) conduct a review of legislation relating to the criminalisation of coercive control nationally to assess implementation, effectiveness and identify any gaps, assess the ACT’s current legislative framework in so far as it captures coercive control, and introduce legislation informed by the review; (d) enhance support and resources for people experiencing coercive control and improve awareness of, and responses to, coercive control in the ACT community; (e) increase the capacity of frontline domestic, family and sexual violence services to respond to coercive control; (f) improve the provision of training and education to police and other justice agencies, including the judiciary, in relation to coercive control; and (g) report back to the Assembly within six months on progress in relation to these activities, including in relation to a timeline for legislation.

    Original and final wording compared

    That this Assembly: (1) notes that: (a) coercive control is a pattern of abusive behaviour used to [put in: control and]dominate [taken out: intimidate,][put in: a person by creating fear]and [taken out: manipulate][put in: denying their liberty and autonomy. Coercive control can involve physical or non-physical violence or a combination of both and has a devastating impact on a]victim’s [taken out: often leading to significant psychological][put in: identity, their physical health]and [put in: social and]emotional [taken out: harm;][put in: wellbeing, and their connection with friends, family and culture;](b) domestic and family violence [taken out: remains][put in: is]a [taken out: pressing concern in the ACT, with][put in: national crisis, and multiple Death Review Reports have found that]coercive control [taken out: being a key factor][put in: is present]in [taken out: many abusive relationships, and a precedent for]almost all intimate partner [taken out: domestic violence]homicides; (c) several Australian jurisdictions, including New South Wales, Queensland, and Tasmania have moved to criminalise coercive control to provide better protection for victims and hold perpetrators accountable; and (d) law reform in this area must [taken out: balance the need to protect victims with safeguards][put in: be carefully considered]to [taken out: uphold due process, ensuring that laws][put in: avoid misidentification of the primary aggressor and ensure police and other justice stakeholders]are [taken out: clear, enforceable,][put in: equipped to understand]and [taken out: do not inadvertently criminalise ordinary relationship disputes or misunderstandings; (2)][put in: enforce the law appropriately; (4)]acknowledges that: (a) there is [taken out: strong]community and expert support for criminalising coercive control as part of a broader strategy to combat domestic and family violence, including support from the Australian Federal Police Association; [taken out: (b) the ACT Government has a responsibility to ensure its legal framework adequately protects victims while safeguarding individual liberties]and [taken out: preventing wrongful convictions; and (c)][put in: (b)]effective reform requires thorough consultation with legal experts, law enforcement, victims’ advocates, and the broader community to ensure a workable and effective legislative response, supported by a community education campaign; and [taken out: (3)][put in: (5)]calls on the ACT Government to: (a) [taken out: introduce legislation][put in: consult with the Domestic Violence Prevention Council in relation]to [taken out: criminalise][put in: best practice responses to]coercive control; [taken out: in][put in: (b) continue to develop]the [taken out: ACT, ensuring it is clearly defined and includes appropriate evidentiary standards][put in: ACT’s Domestic, Family]and [taken out: legal safeguards, consistent][put in: Sexual Violence Strategy]with [taken out: the approach of New South Wales; (b)][put in: specialist ACT agencies to ensure a coordinated response to domestic, family and sexual violence; (c)]conduct a [taken out: comprehensive]review of [taken out: existing domestic violence laws][put in: legislation relating]to [taken out: identify gaps][put in: the criminalisation of coercive control nationally to assess implementation, effectiveness]and [taken out: ensure consistency with][put in: identify]any [taken out: new][put in: gaps, assess the ACT’s current legislative framework in so far as it captures]coercive control, [taken out: offence; (c) provide improved][put in: and introduce legislation informed by the review; (d) enhance]support and resources for [taken out: victims, including the Aboriginal][put in: people experiencing coercive control]and [taken out: Torres Strait Islander][put in: improve awareness of, and responses to, coercive control in the ACT]community; [taken out: through education, advocacy services,][put in: (e) increase the capacity of frontline domestic, family]and [taken out: enhanced law enforcement][put in: sexual violence services to respond to coercive control; (f) improve the provision of]training [put in: and education]to [taken out: better identify][put in: police]and [taken out: respond][put in: other justice agencies, including the judiciary, in relation]to coercive control; and [taken out: (d)][put in: (g)]report back to the Assembly within six months on progress [taken out: towards drafting and introducing this][put in: in relation to these activities, including in relation to a timeline for]legislation.

    Compared word by word by computer, ignoring punctuation. It shows what differs, not which change made each difference; the steps above show that.

Check the official record

  • Minutes of Proceedings No 13, 20 March 2025, item 14

Find these on the Assembly’s chamber documents page. Wording is quoted from the Minutes, © ACT Legislative Assembly, CC BY-NC-ND 4.0. Our reading is automatic and may contain errors; agreeing to a motion is not the same as doing what it asks. Report a problem