Investigate the legal and non-legal responses to domestic and family violence, including AVOs and the new coercive control offence in NSW

What this dot point is asking

NESA wants you to know how the criminal law, the family law system, and non-legal responses address domestic and family violence. Expect this in a Section IV extended response on family law effectiveness.

The answer

Scale of the problem

The Australian Institute of Health and Welfare (AIHW) reports that, on average, one woman is killed every nine days in Australia by a current or former intimate partner. The 2023 ABS Personal Safety Survey found that one in four women have experienced violence by a partner since age 15. Indigenous women are disproportionately affected.

NSW criminal law response

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

The principal NSW statute. Defines "domestic violence offence" in s 11 and creates the framework for apprehended violence orders (AVOs).

Apprehended Domestic Violence Order (ADVO)

Section 16 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Granted where a court is satisfied on the balance of probabilities that the person in need of protection has reasonable grounds to fear, and in fact fears, a domestic violence offence. ADVOs are civil orders; breach is a criminal offence under s 14 (maximum penalty 2 years imprisonment).

Apprehended Personal Violence Order (APVO)

Section 19. For non-domestic relationships.

The 2022 coercive control offence

The Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) inserted a new offence into the Crimes Act 1900 (NSW) as s 54D. The offence criminalises a course of conduct against a current or former intimate partner that consists of abusive behaviour (defined in s 54F) where the accused intends to coerce or control the other person, the behaviour would cause a reasonable person to fear violence or to suffer serious harm, and the accused is reckless as to whether their behaviour would have that effect. Maximum penalty: 7 years imprisonment. The offence commenced on 1 July 2024.

NSW was the second Australian jurisdiction to criminalise coercive control, following Tasmania (Family Violence Act 2004 (Tas)). Queensland's coercive control offence (Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 (Qld)) commences in 2025.

Commonwealth family law response

The Family Law Act 1975 (Cth) Part VII Division 11 deals with family violence in parenting matters. Section 4AB defines family violence broadly to include emotional, psychological and economic abuse. Section 60CC (post-2024) prioritises the safety of the child. Section 60CG requires consideration of existing family violence orders.

Court process for an ADVO

1. Police can apply for an ADVO. Police can issue a provisional order on the spot under s 25 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), pending court determination.
2. Application is heard in the Local Court.
3. The court may make an interim order pending final determination.
4. A final order is made for up to 2 years (or longer for indefinite orders in serious cases under s 79).

Recent NSW reform

• The 2022 coercive control offence (s 54D of the Crimes Act 1900 (NSW)) (commenced 1 July 2024).
• The Closing the Gap Bail Reform Act 2024 (NSW) narrowed the bail concerns assessment for some domestic-violence-related offending.
• The Stop It At The Start campaign (Commonwealth) targets the cultural drivers of family violence.

Non-legal responses

• 1800RESPECT national counselling service.
• Women's refuges (NSW Women's Refuge Movement, the Domestic Violence NSW peak body).
• Aboriginal Family Domestic Violence Services NSW.
• Men's Behaviour Change Programs under the Australian Government's Stopping Family Violence framework.
• The 2022-2032 National Plan to End Violence against Women and Children (released October 2022).

Effectiveness

Strengths. ADVOs are widely used and are a quick civil-law remedy. The 2022 coercive control offence acknowledges patterns of behaviour that previously fell between criminal offences. Specialist domestic violence court lists exist in some NSW Local Courts.

Weaknesses. Under-reporting remains high; police charging practices vary; refuge capacity is limited. The 2023 NSW Domestic Violence Death Review Team report identified systemic gaps in inter-agency information sharing. Aboriginal and Torres Strait Islander women are over-represented as victims and under-served by mainstream services.