The new coercive control offence in NSW: (how) will it work?

Abstract

This article analyses the coercive control offence recently introduced in New South Wales, which became operational on 1 July 2024. The article explores the legislative intent behind the law, critiques its potential for overcriminalisation, particularly among marginalised populations, and questions whether the offence will achieve its intended goals. The authors argue that the law, while well-intentioned, may be too complex and narrowly constructed to be effective in practice and could lead to unintended negative consequences, such as the increased criminalisation of Aboriginal and culturally diverse communities.