Urgent action is needed to build upon existing government commitments and strengthen responses to family and gender-based violence in Victoria.  

Responding to coercive control is critical, as it is inherent to all forms of family violence. While we welcome recent calls by Leader of the Opposition Jess Wilson to prioritise and bring attention to this important issue, we do not support the introduction of a standalone offence to criminalise coercive control in Victoria. 

There is no doubt that the current response to coercive control needs to be strengthened, however caution must be taken to ensure this does not prevent careful consideration of all options and solutions, including those that sit outside the criminal justice system. 

We are concerned the criminalisation of coercive control will lead to unintended consequences, particularly affecting marginalised communities such as Aboriginal and Torres Strait Islander women, women from migrant and refugee communities, LGBTIQA+ communities, and women with disabilities, who are often wrongly identified by police as primary aggressors instead of those in need of safety. 

We also know that criminalising coercive control does not necessarily make victim survivors safer. Evidence from other states that have implemented standalone coercive control legislation shows that criminalisation does not reduce harm, nor result in increased prosecutions.  

Here in Victoria, coercive and controlling behaviour is already recognised in our definition of family violence, and in Family Violence Intervention Order applications. Any breaches of FVIOs can be responded to as a criminal offence.  

We need the system to make better use of this existing mechanism, coupled with a focus on creating and resourcing other ways to educate and support people to recognise, respond to and prevent coercive control. Strengthening existing mechanisms to truly embed accountability for men using violence would go a long way towards improving victim survivor safety. 

Furthermore, introducing a standalone offence for coercive control does not detract from the fact there are a broader range of systemic issues that need to be addressed in a comprehensive legal, service and social response to family violence.   

We must address critical system reform issues that limit the overall capacity of service systems to respond effectively to the needs of all victim survivors in a timely and long-term way.  

Any proposed changes to coercive control laws in Victoria must be guided by the expertise of victim survivors, Aboriginal community-controlled organisations, the legal assistance sector and specialist family violence services, including those who work with men who use violence. 

We look forward to working with both sides of government on any proposed changes in Victoria – particularly to ensure they do not cause unintended consequences or harm to victim survivors. 

Safe and Equal
Djirra 
InTouch
Law and Advocacy Centre for Women
Women’s Legal Service Victoria
No to Violence
Federation of Community Legal Centres