Key Takeaways
- The Victorian government will introduce a stand-alone coercive control offence in 2026, marking a major policy reversal.
- The new opposition leader, Jess Wilson, made the reform her first election commitment, promising to create the offence within her first 100 days in office.
- The government had previously maintained that existing legislation already included coercive behaviour in its definition of family violence, but has now acknowledged that more needs to be done.
- The Liberal’s bill to establish a coercive control offence was introduced in both houses of parliament, with Labor MPs supporting a separate motion to "urgently expedite" coercive control laws in the state.
- Coercive control describes a broad range of behaviours used to dominate another person, usually an intimate partner, and is almost exclusively perpetrated by men against women.
Introduction to Coercive Control
The Victorian government has announced plans to introduce a stand-alone coercive control offence in 2026, a significant policy shift that comes after the new opposition leader, Jess Wilson, made the reform her first election commitment. This move marks a major reversal for the government, which had previously maintained that existing legislation already included coercive behaviour in its definition of family violence. However, with the introduction of the new offence, the government acknowledges that more needs to be done to address the issue of coercive control.
The Government’s Change of Heart
The attorney-general, Sonya Kilkenny, stated that the government would "legislate next year to make coercive control a stand-alone criminal offence" but emphasized the importance of not rushing the process and ensuring that it is informed by consultation to avoid unintended consequences. Kilkenny acknowledged that coercive control is "insidious, abusive and manipulative" and that the government stands "side by side with victim-survivors of family violence." This change of heart comes after the Liberals introduced bills in both houses of parliament to establish a coercive control offence, which was met with resistance from the government in the lower house.
The Liberal’s Proposal
The Liberal’s bill to establish a coercive control offence was introduced in both houses of parliament, with the party’s spokesperson for women, Cindy McLeish, urging the government to support the bill and help criminalize coercive control. McLeish argued that Victoria was "lagging behind" on the reform and that the government needed to take action to address the issue. The Liberal’s bill largely emulates the New South Wales laws passed in 2022, which made coercive control punishable by a maximum penalty of seven years’ imprisonment.
The Issue of Coercive Control
Coercive control describes a broad range of behaviours used to dominate another person, usually an intimate partner. These behaviours can include isolation, monitoring, gaslighting, and financial control, and are almost exclusively perpetrated by men against women. The issue of coercive control came to prominence following the murder of Hannah Clarke and her three children in 2020 by her estranged husband. The case highlighted the need for greater awareness and action to address the issue of coercive control, and the introduction of a stand-alone offence is seen as a significant step towards achieving this goal.
Other Reforms
In addition to the introduction of a stand-alone coercive control offence, the government has also introduced another bill that aims to strengthen laws related to family violence. The bill introduces a two-year minimum term for family violence intervention orders, allows these orders to continue for children after they turn 18, and broadens the definition of family violence to include additional forms of abuse, such as stalking, systems abuse, and the mistreatment of animals. These reforms demonstrate the government’s commitment to addressing the issue of family violence and providing greater protection for victims.
Conclusion
The introduction of a stand-alone coercive control offence in Victoria marks a significant step towards addressing the issue of family violence and providing greater protection for victims. The government’s change of heart on the issue demonstrates a recognition of the need for greater action to address coercive control, and the introduction of the new offence is seen as a major policy reversal. As the government moves forward with the introduction of the new offence, it is essential that the process is informed by consultation and careful consideration to ensure that the laws are effective in addressing the issue of coercive control.