Two prominent Illawarra women's health campaigners say the new bill which will criminalise coercive control in intimate partner relationships could make things worse for women in abusive situations if the government doesn't get it right.
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On Monday, Illawarra Women's Health Centre CEO Sally Stevenson and trauma psychiatrist Dr Karen Williams, who runs Thirroul's new women's-only hospital for victims and survivors of trauma and domestic violence, both appeared before a one day public hearing for an upper house standing committee on the Coercive Control Bill.
The bill passed in the Lower House on October 19 and is now being considered in the Upper House.
Ms Stevenson, who leads an organisation who has provided support to victim-survivors of domestic violence for over 35 years, said she wanted the committee to consider changes to the bill to improve its success in prosecuting offenders.
She said she knew the bill has cross party support, so wanted to make sure it could be the best it could be before it was passed.
"We've heard over the last few weeks that we shouldn't let perfect get in the way of the good but... we also must not let good be the cover for political expediency or complacency, legislative sloppiness or [a bill] that is set up to fail," she said.
"There's no point in being first if you're setting yourself up for failure."
Monday's public hearing involved lawyers, academics, legal groups and centres and Aboriginal women's advocates, many of whom raised similar concerns to the Illawarra women, saying the legislation was too important to be rushed.
Ms Stevenson said the bill's dealings with intent and recklessness must be addressed, as perpetrators knew how to cover their behaviour and groom friends, family and colleagues to believe they were being protective and charming, not controlling.
"In this context, proving intent beyond reasonable doubt is setting the bar impossibly high," she said.
"It undermines the protective purpose of the legislation and is one way to ensure perpetrators are not held to account."
She also said she was concerned that the definition of abuse was limited to intimate partner violence, which excludes other victims, and believe the legislation had the potential to harm victims and undermine trust in police and justice system.
"For example, victim-survivors as they come to understand this situation by seeing the legislation may wish to report, but be told 'your story isn't strong enough, your experience isn't real enough, we can't prove that the perpetrator intended to do it and therefore we can't protect you'," Ms Stevenson said.
Similarly, Dr Karen Williams said she believed the bill had been written to minimise its success, and said it was unlikely to improve the already low reporting rates for victim-survivors of domestic violence.
"I am grateful for see it on the agenda, but I want us to get it right the first time," she said.
"The legislation needs to be designed to do its job, not designed to fail, not designed with loopholes deeply embedded in its core."
She also said she was concerned complicated and restricted definitions of abuse, that did not adequately cover psychological abuse that is common with coercive control.
For instance, she said one of the examples of abuse put forward in the bill was "denying the person access to basic necessities".
"But many perpetrators don't actually overtly deny access to money or basic necessities, but instead require the victim to ask for money or provide a detailed explanation of how the money is used," Dr Williams said.
"Sometimes they don't give much beyond the bare minimum, or they make them feel guilty. I know many women who have been given access to a card where they are being monitored and told things like 'you are allowed to buy groceries and nappies' but if she wants to buy her personal items she can't actually do that."
"I know other women who have been given access to the card but they are not allowed to buy any toys or anything enjoyable for the children, and only he can do that and only he can give those toys to the children, so he is the one gifting the child things - and those things wouldn't be counted in the examples given [in the bill]."
Coercive control is a pattern of controlling and manipulative behaviours in a relationship, with behaviours ranging from physical and sexual violence to psychological abuse, economic abuse and the denial of freedoms.
In supporting the current bill despite her concerns it did not go far enough, Shellharbour MP Anna Watson said 99 per cent of domestic homicides start with coercive control.
She said she would continue to fight to strengthen that legislation to help victims of domestic violence.
When it passed in the lower house, Attorney General Mark Speakman said the bill would support "victim-survivors held hostage in their own homes and in their own lives by domestic terrorism".
"It is the product of many years of research, careful consideration and unprecedented consultation in the past two and a half years, including at least seven stages of development such as a discussion paper, a parliamentary inquiry, public exposure draft bill and roundtables," he said.
"To address feedback from some in the domestic and family violence sector, amendments have been added with unanimous support in the House to put beyond doubt that the implementation taskforce will include NSW Police Force, the chair of the Domestic and Family Violence and Sexual Assault Council and a member from the sector with substantial expertise and experience in domestic and family violence service delivery."
If you or someone you know is experiencing sexual abuse or family violence contact:
National Sexual Assault, Domestic Violence Counselling Service 24-hour helpline 1800 RESPECT on 1800 737 732
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Kate McIlwain
For more than a decade, I've helped the Illawarra Mercury set the news agenda across the region. Currently I'm the paper's health reporter - covering the stories of Illawarra workers and residents in the wake of a global pandemic and at a time where our health systems are stretched to the limit.
For more than a decade, I've helped the Illawarra Mercury set the news agenda across the region. Currently I'm the paper's health reporter - covering the stories of Illawarra workers and residents in the wake of a global pandemic and at a time where our health systems are stretched to the limit.
