19 Mar Coercive control criminalised in Queensland
The tragic death of Hannah Clarke and her three children in 2020 rocked Queenslanders, and all Australians, to our core. One impact was that the notion of coercive control, and the devastating impacts it can have on individuals and families, began to receive more public recognition and traction.
The Women’s Safety and Justice Taskforce was established by the QLD Government in 2021. This independent taskforce investigated coercive control and how to legislate against the offence. The Taskforce ultimately recommended the creation of a new standalone offence to criminalise coercive control in QLD.
In early 2024, Queensland passed ‘Hannah’s Law’ (Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024), criminalising coercive control. And from May 26, 2025, coercive control will be considered a criminal offence in QLD.
In this article, we will take a closer look at the definition and signs of coercive control, and examine the new coercive control legislation here in QLD.
What is coercive control?
The QLD Government defines coercive control as when a person uses a ‘pattern of abusive behaviours over time that hurt, humiliate, isolate, frighten, or threaten another person in order to control or dominate them’.
While the definition might seem simple, coercive control is a complicated matter – one that can often go undetected by others. This is because it’s not one isolated incident, but an ongoing pattern that can start small and grow more controlling over time.
For example, a pattern of coercive control may start with less obvious behaviours such as encouraging a partner to shut down their social media. It can then grow from there, and involve physical or non-physical abuse, or both. Ultimately, it ends with one partner having power and control over the other.
There are many examples of coercive control, but some of these are:
- Excessive jealousy
- Isolating you from your family and friends
- Controlling how you spend your money
- Setting rigid rules and unreasonable expectations
- Constant criticism (emotional abuse)
- Frequent abusive texts (psychological abuse)
- Stalking and surveillance
- Making you doubt your own memories (gaslighting)
- Threats and intimidation
- Cyberstalking and spyware
- Forcing you into sexual activities you aren’t comfortable with
Any of the above may be present – but they don’t all need to be present in order for you to be experiencing coercive control. Instead, it’s about the pattern of behaviour and how it’s impacting your freedom and well-being.
Impacts of coercive control
If you’re experiencing coercive control it can impact every part of your life. This could include your physical and mental health, ability to hold down a job, relationships with friends and family, relationships with children and your financial security.
If you’re experiencing this type of pattern you will certainly fear for your safety. But you might also find that initially your confidence and self-esteem is undermined, and that slowly you are losing your independence. Coercive control is strongly linked to intimate partner homicide too.
What is the new coercive control legislation in QLD?
With the passing of the new coercive control legislation here in Queensland, people now have more options. While coercive control can occur in a wide range of relationships, the new law is concerned with romantic partner relationships, family members and informal (unpaid) carers. It can also include current and former relationships.
The offense requires a repeated pattern of abusive behaviours and applies to perpetrators over the age of 18. The legislation states that an adult commits a coercive control offence if:
(a) the person is in a domestic relationship with another person; and
(b) the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than one occasion; and
(c) the person intends the course of conduct to coerce or control the other person; and
(d) the course of conduct would, in all the circumstances, be reasonably likely to cause the other person harm.
The maximum penalty for the offence of coercive control is 14 years in jail. The law will apply to behaviours that happen on and after the day the law comes into effect, May 26, 2025.
To bring a perpetrator to justice, evidence will need to be provided to show a repeated pattern of abuse behaviours. This could include text messages, emails and/or voicemails. It could also include incident logs and witness testimonies.
Benefits of criminalising coercive control in QLD
In Criminalising coercive control in Queensland, White Ribbon Australia argued that the key advantages of creating an offence of coercive control would be to:
- Protect people from an under-recognised yet core element of family and domestic abuse
- Prevent escalating forms of violence and abuse, including murder
- Fill critical gaps in existing laws
- Reduce misidentification and over-criminalisation of women
- Transform community norms for acceptable and healthy, safe relationships
At the end of the day, the goal of the law is to protect all people – but particularly women and children like Hannah Clarke and her family.
Where can you get help?
If you or someone you know is in a coercive control situation, please seek help ASAP.
DVConnect Womensline and DVConnect Mensline are QLD-wide phone services offering free confidential counselling, referral and non-judgemental support. Or you can search for a support helpline to suit your situation here. You can also use this service finder to search for QLD Government-funded domestic and family violence support services in your area.
If you need legal advice, our team can also support you. As family law and divorce specialists, we offer judgment-free legal support in a confidential, safe environment. Get in touch with Toomey Family Law today.