Understanding Queensland’s New “Coercive Control” Offence (Effective 26 May 2025)
What’s Changed?
As of 26 May 2025, Queensland introduced a groundbreaking criminal offence targeting coercive control, marking a significant evolution in domestic and family violence law. This new offence is part of the broader Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024.
Key Features:
Pattern-based offence: It criminalises a recurring course of behaviour—physical or non-physical—aimed at dominating or coercing someone in a domestic relationship.
Scope of relationships: Applies to current/former intimate partners, family members, and unpaid carers.
Intent matters: To be prosecutable, the behaviour must be intended to coerce or control and reasonably likely to cause harm—emotional, psychological, physical, financial, or mental.
Consequences: Maximum penalty of 14 years imprisonment, the harshest in Australia.
“Hannah’s Law”: The legislation was inspired by the tragic case of Hannah Clarke and her children, which catalysed a push to recognise non-physical abuse as deserving criminal sanction.
Broader Legal Context
Queensland is the second state, after New South Wales, to criminalise coercive control—NSW’s version commenced in July 2024, emphasising intimate partner relationships.
Guidance for Investigators Complying with the New Laws
With the emergence of this complex offence, it’s vital for investigators—especially those at RQI—to adapt their approach. Here are best practices to consider:
1. Understand the Pattern Focus
Investigators must recognise that coercive control usually emerges from a series of actions, not single events. Evidence gathering should emphasise continuity and patterns.
2. Collect Comprehensive Evidence
Communications: Retain texts, emails, social media posts highlighting threats, surveillance, manipulation.
Third-party testimonies: Statements from family, friends, or colleagues who have witnessed behavioural changes.
Support and medical records: Reports detailing emotional or psychological impact.
Expert evaluations: Input from psychologists, social workers, or DV practitioners can contextualise subtle abuse patterns.
3. Map the Affected Relationship
Identify whether the relationship falls under the offender-victim parameters outlined in the law (intimate, familial, or carer contexts).
4. Assess Intent and Likely Harm
Ensure documentation links actions directly to an intention to coerce or control, and clearly shows that the behaviour would likely cause harm.
5. Beware of Third-party Liability
The law now allows for charging individuals who assist or enable coercive control (e.g., helping breach DVOs), with penalties up to three years’ imprisonment or significant fines.
6. Stay Updated with Judicial Guidance
Investigators should be familiar with practice directions and court guidance released after commencement, particularly regarding privacy and sensitive evidence.
7. Engage Training and Community Tools
Ongoing training for police, prosecutors, and investigators is vital. Resources and frameworks are being established to support this legal shift.
8. Ensure Victim Safety and Support
Frame investigation with a victim-centric approach: coordinate with legal services, advise on protection orders, and connect people with specialist support agencies.
Why These Changes Matter to RQI
As a Regional Queensland investigation firm, RQI is ideally placed to:
Lead in specialised training, ensuring local investigators are fully equipped to navigate the new legal terrain.
Provide early and sensitive detection, identifying coercive patterns before they escalate.
Offer holistic services, from investigative evidence gathering to guiding clients through the legal process.
Stand for social change, reinforcing that abuse is more than physical, and RQI supports the recognition of all forms of harm.
Conclusion
Queensland’s new coercive control offence represents a watershed in how abuse is understood and prosecuted. Investigators must pivot from chasing physical incidents to piecing together patterns of psychological and emotional domination. With the right tools, training, and approach, RQI can play a crucial role in making these laws work—protecting vulnerable people and ensuring justice is holistic and effective.
If you or someone you know is experiencing coercive control or other forms of domestic abuse, Regional Queensland Investigations is here to help. Our experienced team can discreetly investigate, gather evidence, and guide you through the process. Contact us today for a confidential discussion about your situation.
