National push to criminalise coercive control

Last Friday 19 February marked one year since Brisbane woman Hannah Clarke and her three children were ambushed in the street and murdered by Hannah’s estranged husband. In the days following it emerged that Hannah had been subjected to years of control and coercion at the hands of her husband, which is recognised as a significant predictor of intimate partner homicide.

The tragic death of Hannah and her children has instigated a national push for meaningful law reform in relation to criminalising coercive control, both at a state and federal level. In October 2020, the NSW Attorney General Mark Speakman SC MP established a joint select committee to inquire and report into coercive control in domestic situations. 

As part of the Inquiry’s Terms of Reference, the Committee is considering questions posed in the NSW Government’s Discussion Paper on coercive control. The Committee has received more than 100 written responses, including from the Law Society. Our extensive submission cautions that while there is a gap in the current law and that the creation of a specific criminal offence is an appropriate way to address serious coercive controlling behaviour, any legislative reform must be approached with care and caution to ensure any offence is appropriately targeted. We also supported increased support services for victims of domestic violence. The Committee started its public hearings in NSW Parliament today and will report to the Parliament by 30 June 2021.

I should note that today’s message comes to you from the North Coast of NSW where, over the past few days, I have been meeting with fellow practitioners from the Far North Coast, Clarence River & Coffs Harbour and Mid-North Coast Regional Law Societies and engaging with local support services, including those for victims of family and domestic violence.

Juliana Warner, President, the Law Society of NSW

< Go back