Hannah’s Law: Protecting Queenslanders from Coercive Control

Patterns of coercive control can have devastating impacts on individuals and families. Public concern about coercive control, as an underlying dynamic of domestic and family violence, has gained traction in recent years. In early 2024, Queensland passed “Hannah’s Law” which criminalised coercive control. When the offence of coercive control takes effect on 26 May 2025, convicted offenders in Queensland will face up to 14 years imprisonment.

What is Coercive Control?

Coercive control is a pattern of behaviour designed to dominate, control and take advantage of an intimate partner. It is a persistent campaign of psychological manipulation, intimidation and restriction of personal freedom. As a result, victim-survivors can feel helpless, afraid and incapable of acting on their own.

Hannah’s Law: A Landmark in Addressing Coercive Control

On 6 March 2024, Queensland passed legislation criminalising coercive control, becoming just the second state, after New South Wales, to do so. This law was named Hannah’s Law in memory of Hannah Clarke, and her three children, who were murdered by her estranged husband, the children’s father. The case emphasised the imperative of legally recognising coercive control and non-physical types of domestic violence.

Highlights of Hannah’s Law

1. Definition of coercive control: The new criminal law defines coercive control as a course of conduct intended to control or coerce someone in a “domestic relationship”.  This includes intimate relationships, family relationships or informal care relationships.
2. Criminalisation: As a standalone criminal offence, coercive control in Queensland will carry a maximum penalty of 14 years imprisonment.
3. Scope: The law applies to both current and former intimate partner relationships, but will not apply retrospectively.  The conduct must have occurred after 26 May 2025.
4. Training and education: The introduction of the offence has been delayed allowing time for the delivery of training to police, legal professionals and the judiciary on recognising and responding to coercive control.

Signs of Coercive Control

Victim-survivors may have difficulty recognising or describing coercive control. However, there are signs that may indicate the presence of coercive control:

1. Excessive jealousy and possessiveness: The perpetrator may constantly accuse the victim-survivor of infidelity or demand to know their whereabouts at all times.
2. Isolation: Preventing a victim-survivor from contacting loved ones, often under the guise of “protecting” the relationship.
3. Financial control: This can include restricting access to money, demanding detailed accounts of spending or preventing the victim-survivor from working.
4. Monitoring and surveillance: Constant checking of phone, email, or social media accounts or using tracking devices to monitor movements.
5. Rigid rules and expectations: Enforcing strict rules about how a person looks, behaves, or does tasks, with harsh consequences for non-compliance.
6. Gaslighting and emotional manipulation: Making the victim-survivor doubt their own perceptions, memories or sense of reality.
7. Threats and intimidation: May include direct threats of violence or more subtle threats to harm oneself, children or pets if the victim-survivor does not comply with the abuser’s demands.
8. Control over daily life: Dictating or monitoring the victim-survivor’s day-to-day activities, such as what the victim-survivor wears, eats or how they spend their time.
9. Using children: Threatening to take children away, using them to relay messages or asking them to spy on the victim-survivor.
10. Technology-assisted abuse: Cyberstalking, excessive texting, demanding passwords or installing spyware on devices.
11. Sexual coercion: Forcing the victim-survivor into sexual activities they are uncomfortable with.
12. Unpredictable mood swings: A perpetrator alternates between loving behaviour and abusive outbursts.
13. Minimising or denying abusive behaviour: When confronted, an abuser downplays their actions or shifts blame onto the victim-survivor.

These signs may manifest differently and do not all need to be present for coercive control to occur. The key is recognising the pattern of behaviour and its impact on an individual’s freedom and well-being.

Legal Options for Victim-Survivors of Coercive Control

While the specific laws and protections vary across Australian states and territories, there are several avenues that victim-survivors may be able to pursue:

1. Domestic Violence Orders (DVOs): Also known as Intervention Orders or Family Violence Orders, these civil orders can provide protection against abusive behaviours, including non-physical forms of abuse.
2. Family Law proceedings: When the Court is determining parenting proceedings, it must consider the safety of the child/ren and any person who takes care of them, as well as any history of family violence. The Court will consider evidence of family violence, including coercive control, to determine what parenting arrangements are in the child’s best interests.
3. Criminal charges: In jurisdictions where coercive control is criminalised, as will soon be the case in  Queensland, victim-survivors can report the behaviour to police for criminal investigation and potential prosecution.
4. Victim compensation schemes: Some states offer financial assistance to victims of crime, which may include victim-survivors of domestic violence, including coercive control.
5. Tenancy rights: Many states have laws allowing victim-survivors of domestic violence to break leases without penalty or to have locks changed for safety reasons.
6. Workplace protections: All employees in Australia are entitled to 10 days of paid leave each year if they experience domestic and family violence, which includes coercive control.
7. Immigration options: Victim-survivors on temporary visas may have options to apply for permanent residency on the grounds of domestic violence, notwithstanding the end of relationship with the abusive sponsor.

What to do if you think you have experienced coercive control

1. Seek support: Contact domestic violence support services for advice and assistance. They can often provide guidance on legal options and help with safety planning.
2. Consult a lawyer: A family lawyer experienced in domestic violence cases can give you advice tailored to your situation and needs. Consult our team of family lawyers to help guide you on what to do in this difficult stage in your life.
3. Call the police: If you feel you are in imminent danger, contact the police. Even if no charges are made, having police reports can be valuable evidence in future legal proceedings.

Remember, your safety is a priority. Leaving an abusive relationship can be a time when you are most vulnerable. Any legal action you would take must be a part of a comprehensive safety plan, developed with coordination among domestic violence professionals.

Seek an expert family lawyer

Coercive control is a complex and devastating form of abuse that can have long-lasting impacts on victims and their children. The importance of seeking professional help is paramount if you suspect you or someone you know is experiencing coercive control. If you think you are a victim of this abuse, consult our expert team of family lawyers.