Coercive control has increasingly become a focus of family violence reform across Australia. Rather than necessarily involving a single act of violence, it involves a pattern of behaviour used to control, isolate or undermine another person.
In September 2026, Victoria legislated to introduce a standalone criminal offence of coercive control through the Justice Legislation Amendment (Family Violence, Coercive Control, Good Character, Risk Assessment and Other Matters) Act 2026. Importantly, however, the new offence is not yet in force.
This distinction matters. Coercive and controlling behaviour is already relevant to family violence and family law, but the requirements for establishing the new Victorian criminal offence are specific.
What is changing in Victoria?
The Victorian reforms recognise coercive control as a pattern of abusive behaviour, rather than requiring individual incidents to be considered in isolation. The legislation is directed to coercive and controlling behaviour occurring in current or former intimate partner relationships.
It sits alongside broader reforms concerning family violence and reflects the growing acknowledgement that serious abuse may involve psychological, emotional, financial and other forms of control, rather than physical violence alone.
Not every instance of controlling or unhealthy behaviour will amount to the new criminal offence. The legislation sets out specific requirements that must be established.
In broad terms, the offence applies where:
The accused is an adult: they must be aged 18 or over.
There is an intimate partner relationship: the conduct must be directed towards a current or former intimate partner. This can include spouses, domestic partners and people in intimate personal relationships, regardless of gender or whether they live together.
There is a course of conduct: rather than focusing on an isolated incident, the law looks at behaviour occurring on more than one occasion, or which is protracted, and which demonstrates a continuity of purpose. The conduct is considered as a whole.
There is an intention to coerce or control: the accused must intend, through that course of conduct, to coerce or control the other person.
The required level of harm is present: in the particular circumstances, the accused ought to understand that the course of conduct will probably cause harm to the other person. Harm can include physical or mental harm, including psychological harm.
The legislation covers a wide range of abusive behaviour. This includes physical and sexual abuse, emotional or psychological abuse, economic abuse and certain threats, as well as other coercive or controlling conduct that causes fear for a person's own safety or wellbeing, or that of another person.
Importantly, the offence is not confined to non-physical abuse. One of the significant features of the reform is its recognition that coercive control can arise from a pattern of different behaviours which, when considered together, have a profoundly controlling effect.
The offence carries a maximum penalty of 10 years’ imprisonment. The legislation also provides a defence where the course of conduct was reasonable in the context of the relationship considered as a whole.
The distinction is important. Describing behaviour as controlling, manipulative or unhealthy does not, by itself, establish the criminal offence. The prosecution must prove each of the statutory elements.
One particularly important aspect of the Victorian reforms is the recognition of behaviours which isolate a person from others and of forms of systemic abuse. The broader package of reforms also addresses the treatment of an offender's previous "good character" in sentencing and introduces protections relating to family violence under equal opportunity legislation.
For family violence victims, the significance is therefore broader than the creation of another criminal offence. The reforms represent further legislative recognition of the cumulative harm that can arise from an ongoing pattern of controlling conduct.
A changing national landscape
So, how does Victoria compare with other states and territories?
There is no single Australian approach to coercive control. The National Principles provide a common framework but leave it to each state and territory to determine whether coercive control should be criminalised as a specific offence. Different states and territories are at different stages of reform, and there are important differences in the relationships and conduct covered by their laws.
New South Wales and Queensland are currently the furthest advanced, with standalone coercive control offences already in force. The NSW offence commenced on 1 July 2024 and applies to current and former intimate partners. Queensland's offence commenced on 26 May 2025 and applies across a broader range of domestic relationships.
Victoria and South Australia have both legislated to criminalise coercive control, but their new offences are not yet in force. Victoria's legislation was passed in September 2026 and will commence by proclamation, or no later than 1 March 2028. South Australia's legislation was passed in 2025 but is also yet to commence.
The Australian Capital Territory has introduced legislation to create a standalone coercive control offence. Its proposed model extends beyond intimate partners and would apply to patterns of family violence against a family member.
Other jurisdictions have taken different approaches. Tasmania has long had specific offences dealing with economic and emotional abuse, while Western Australia recognises patterns of coercive and controlling behaviour within its family violence legislation but does not currently have a standalone offence. Similarly, the Northern Territory recognises coercive control within its domestic and family violence legislation rather than through a separate criminal offence.
Overall, the direction across Australia is clear: there is increasing recognition that family violence can involve an ongoing pattern of control, rather than isolated incidents of physical violence. However, the law is not uniform across the country and significant differences remain between jurisdictions.
What does this mean for family law matters?
Although the Victorian criminal offence is new and has not yet commenced, coercive and controlling behaviour is not a new concept in family law. Evidence of controlling behaviour is already highly relevant when allegations of family violence are made. The introduction of a specific criminal offence in Victoria nevertheless represents an important development in the broader legal recognition of coercive control.
For family lawyers, it also reinforces something that is already critical: family violence is not always physical, and coercive control is rarely about one incident.
For separating families, the significance of the reforms extends beyond the new criminal offence. They reinforce a broader understanding of family violence: that the pattern of behaviour, its cumulative effect and the loss of autonomy experienced over time can be just as important as any single incident.
This article provides general information only and does not constitute legal advice.