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Speech: Coercive Control

 

The Hon. R.A. SIMMS (16:31): I rise to speak on the Criminal Law Consolidation (Coercive Control) Amendment Bill 2024 on behalf of the Greens and to indicate that the Greens are supportive of this move to create a new offence of coercive control. I might just note that it is always refreshing when we see all sides of politics in this chamber coming together. I think it demonstrates the gravity with which the parliament takes this matter.

I acknowledge the leadership of the two major political parties in this place, in that this was a reform that was initiated by the previous Liberal government. They did some work in this space and it has been continued under the leadership of the Malinauskas Labor government. I think that is a good template for how we can approach reform in this regard. It is an important issue, and I welcome the fact that all political parties are supportive of wanting to finally legislate in this area.

I also note that we are dealing with this bill this week, when the royal commission has handed down its report into domestic, family and sexual violence. I have not had the opportunity to finish going through the report—obviously, it is a dense and comprehensive document—but I have had a chance to read through some of the recommendations. I want to use this opportunity to thank the commissioner, Natasha Stott Despoja, for her leadership and the work of her team, and also all of those brave South Australians who have shared their stories with the commission.

It takes a lot of courage to talk about difficult and traumatic events in people's lives, but I know that as legislators those stories are really vital to us, because they help us make decisions and change the law appropriately. I really want to thank everybody who has participated in that process and to indicate from my perspective that I am very keen to work with the Malinauskas government to take the steps necessary to implement the recommendations of the report to the extent that legislation is required. I am very keen to work with the government to do that.

We know that coercive control is a form of abuse perpetrated in domestic and family violence. As a society, our understanding of abuse has changed over time, and we now know that coercive control is a key factor in many abusive situations.

As a behaviour used by perpetrators to maintain control over another person, coercive control underpins family and domestic violence and intimate partner violence. It can be used to deprive the person of their autonomy or their agency. It can take the form of emotional abuse, harassment, financial abuse or technological abuse. It can be difficult to detect from the outside of a relationship as these can be controlling behaviours that can present as part of everyday life, and power can be exerted in covert ways and often behind closed doors.

The Personal Safety survey conducted by the Australian Bureau of Statistics collects data about emotional and economic abuse. We know that women are more likely to have experienced emotional and economic abuse; that is well documented. Indeed, one in four women and one in seven men have experienced emotional abuse by a partner in Australia, and these are worrying statistics.

Domestic homicide statistics demonstrate the pattern of coercive control that can lead to deaths resulting from domestic violence. Of primary domestic violence abusers who killed their current or former female partner, 82 per cent exhibited emotional or psychological abuse, and 63 per cent had restricted the social support networks of their partner. The relationship between violence and coercive control is well documented.

The move to legislate against coercive control has been started across the country. In New South Wales and Queensland, coercive control is now an offence. Western Australia is taking a phased approach by reforming their restraining orders legislation. Victoria's family violence laws address some forms of coercive control through their family law, but it is not considered a separate offence.

Tackling coercive control at the earliest stages is one way we can begin to prevent domestic and family violence. Early warning signs, such as love bombing, gaslighting or financial abuse, are important in detecting what may escalate to coercive behaviours and potentially violence. We acknowledge that consultation work for this bill began under the previous government and that coercive control reform has been a long process, and has been comprehensive and well considered.

The bill has taken the approach to create an offence where a person engages in behaviour that has a controlling impact on another person. Controlling impact is defined as restricting freedom of movement, freedom of action, the ability to engage in social, political, religious, cultural or economic activities, the ability to make choices related to someone's body or their right to access services.

We believe this reform will have a positive impact in starting to prevent abuse from escalating to more serious and potentially devastating situations. It is vital for us also to be looking at prevention. No more women should die at the hands of a domestic partner. No more people should be subject to violence in their homes. This is an important reform and an important step that the parliament is taking and the Greens are proud to support it.

I understand that some amendments have been filed. I note the amendment from the Hon. Tammy Franks. I thank her for putting that forward. I think she has raised an important issue and, of course, I will be supporting that amendment. I understand there were some further amendments in the name of the Hon. Frank Pangallo. I am not sure whether he is still intending to advance those. I am seeing some shaking heads, so I understand not. I will obviously monitor the committee stage in that regard.