“Warning, this article contains information regarding domestic and family violence and may be distressing for some readers”
Domestic violence is a significant issue in modern Australian society and impacts many families. In a landmark move to better protect victims and hold abusers accountable, the Queensland Government has now introduced legislation criminalising coercive control. In March 2024, Queensland passed the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 – Hannah’s Law to address the increase of violence reported in intimate partner relationships. The law is named in memory of Hannah Clark and her three children who tragically lost their lives from the insidious actions of Hannah’s estranged partner in 2020. Since their tragic deaths, Hannah’s parents have been instrumental in advocating for community awareness and legislative reform.
What is Coercive Control
The insidious nature of coercive control refers to a pattern of behaviour which is used by the perpetrator to dominate, isolate and intimidate a partner or family member. This repeated pattern of behaviour slowly takes the victims freedom away which in turn makes it harder to leave the relationship. The behaviours can include:
- Psychological and emotional abuse
- Sexual coercion or manipulation
- Financial control
- Physical abuse
- Spiritual abuse
- Stalking, including cyber stalking
It is important that the community is educated in what coercive control looks like and how it can impact a person or a family’s wellbeing. Therefore, recognising the signs of domestic and family violence, including signs of coercive control is ever so important in raising awareness. Some signs that may be attributed to a person experiencing domestic violence may include:
- Physical injuries
- Fear of or anxious to please their partner
- Financial limitations
- Constant calls/texts from current or ex-partner.
Prevalence
In July 2024, the Australian Institute of Health and Welfare (AIHW) reported that 23% (2.3 million) women and 14%(1.3 million) of men have experienced emotional abuse by a current or former partner- Coercive control – Australian Institute of Health and Welfare. Moreover, the number of Domestic Violence Applications filed with Queensland Courts up until May 2025 is reported to be 24,043 with 83.6% of applications being lodged by police. DFV statistics | Queensland Courts
Legislative Change
On 26 May 2025 Queensland become the second jurisdiction in Australia to make coercive control a standalone offence.
The new legislation amends the Criminal Code 1899 (Qld) (“Code”) as well as other key statutes and is now incorporated under Chapter 29A of the Code.
The new offence is set out in section 334C which provides that:
(1) A person who is an adult commits an offence (a coercive control offence) if:
(a) the person is in a domestic relationship with another person (the other person); and
(b) the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than 1 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.
Under the new law the charge of coercive control will be an indictable offence, meaning that the accused is afforded the right to be tried before a jury and will carry a maximum penalty of 14 years imprisonment.
Defending a charge of coercive control, it must be established that the course of conduct was “reasonable” in the context of the relationship between the accused and the other person. However, what will not be accepted as a defence if the accused person “believed” that their conduct was reasonable.
Documentation
Due to the nature of the offence, and to successfully prosecute the victim-survivor will need to demonstrate a pattern of behaviour. Therefore, to assist with prosecuting an allegation of coercive control it is beneficial if a record is kept. That may be in the form of:
- Records of the incident
- Saving threating messages
- Documentation of physical abuse.
- Reports, financial statements.
Domestic violence can impact anyone, and the introduction of Hannah’s Law is a significant step in addressing coercive control. Notwithstanding the new laws, it is not the only preventative measure that needs to be addressed. Other factors that need consideration when addressing the issue on a whole may be found in other areas, such as.
- Investments in frontline services
- Safe housing
- Early intervention
- Community education
- Behaviour programs
Nonetheless, the legal reform is certainly a significant milestone and a powerful step forward in the fight against domestic violence.
If you or someone you know is affected by domestic or family violence, please call 1800RESPECT (1800 737 732) for confidential support.
This article is general information only and if it has raised any questions, please contact our team at Miller Sockhill Lawyers for a confidential consultation on 07 5444 4750.