Prevention of Domestic, Family and Sexual Violence Minister Dr Marisa Paterson said a steering committee will be set up to inform legislation to criminalise coercive control. Photo: Michelle Kroll.
Legislation to enable the criminalisation of coercive control as a standalone offence is expected to be drafted by the ACT Government by mid-2026.
However, the Legislative Assembly could decide on a proposed law sooner if the Canberra Liberals secure the necessary votes.
The inaugural ACT Domestic and Family Violence Review found a pattern of coercive control existed in almost all family violence-related deaths. In 75 per cent of cases reviewed, there was a “clear absence of significant physical violence” before a person’s murder.
Prevention of Domestic, Family and Sexual Violence Minister Dr Marisa Paterson said coercive control was an “insidious form of violence” and that the new offence would enable the justice system to respond to patterns of controlling, coercive and abusive behaviours.
“Coercive control is one of the most insidious forms of abuse. It strips away freedom, dignity and hope,” she said.
“Legislative reform is one important way to address coercive control and support victim-survivors, but it cannot be our only strategy. We have to work together, with the specialist sector, justice system stakeholders and, most importantly, victim-survivors, and, more broadly, the whole community, to design robust and workable legislation to criminalise coercive control and ensure other settings are right to address this form of harm.”
Dr Paterson said discussions with stakeholders had shown a lot more needed to be done to ensure the legislation didn’t present additional risks for victim-survivors.
“Aboriginal and Torres Strait Islander women, and victim-survivors from culturally and linguistically diverse communities, are much more likely to be misidentified as the primary perpetrator,” she said.
“Particular complexity also exists in relation to the experiences of women with disability and members of LGBTIQA+ communities.
“We must avoid causing unintended harm by allowing perpetrators to weaponise the system to increase their control and coercion of victim-survivors.”
A steering committee of key stakeholders will be established to guide the reform. The Victim-Survivor Voices Pilot program will also inform the legislation.
During a debate in March, the ACT Government amended a motion from the Canberra Liberals – who had tried to introduce legislation in early 2024 – to state any legislation must be informed by a review of the laws of other jurisdictions and the ACT’s current legislative framework.
Opposition Leader Leanne Castley expressed her anger and frustration that “we could have been so much further ahead by now”.
“I cannot believe that Labor thinks we should wait at least another nine months to progress legislation that could have and should have already been in place,” she said.
“I am sick of waiting, I’m sick of the grandstanding, the hypocrisy, the excuses. We have waited long enough.”
Ms Castley said she would introduce proposed legislation during an October sitting week and take it to a vote in December.
Opposition Leader Leanne Castley criticised the ACT Government for not being closer to criminalising coercive control. Photo: Michelle Kroll.
The government has held a targeted roundtable on the criminalisation of coercive control, which Dr Paterson said affirmed a need to strengthen responses to coercive control.
“The ACT recognises coercive and controlling behaviour as family violence in the Family Violence Act 2016,” she said.
“Legislating a standalone offence for coercive control will allow the criminal justice system to respond to patterns of abusive behaviour, rather than specific acts.
“This allows action to be taken when individual incidents considered on their own may not be sufficient to warrant a criminal justice response.”
But the Domestic Violence Crisis Service believes it’s right to take much more time before criminalising coercive control.
In a statement, it said “substantial cultural change”, particularly across the justice system, was needed before legislation.
“This is in recognition of the possibility that increased criminalisation could adversely impact victim-survivors if justice agencies are not appropriately trained to identify and respond to coercive control,” it said.
“We note the government has agreed to improve training for justice agencies in principle and reiterate that additional expert-driven education attuned to the territory’s needs must be a priority.”
“A shared approach guided by the expertise in our community is crucial if our territory is to succeed in ending violence in our region.”
There has been an education campaign on coercive control in the ACT already, and the upcoming ACT Domestic, Family and Sexual Violence Strategy (anticipated to be delivered in mid-2026) will set the long-term direction for preventing and responding to gender-based violence, including coercive control.
For more information, including shareable resources, visit ACT Government: Coercive control.
If you or someone you know is experiencing any kind of abuse, help is available. Visit 1800 RESPECT, call 1800 737 732, or visit ACT Government: Get help now for a list of domestic and family violence support services.
If you are in danger now, call Triple Zero (000).
