In a landmark move to strengthen the legal framework around domestic and family violence, the NSW Government has passed a suite of reforms designed to better protect victim-survivors and hold perpetrators accountable. These changes reflect a growing recognition of the complex and insidious nature of domestic abuse, particularly coercive control, and aim to close critical gaps in the justice system.
Key Legislative Reforms
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Tougher Penalties for Breaching ADVOs
Two new aggravated offences have been introduced under the Crimes (Domestic and Personal Violence) Act 2007:
- Intentional Breach Offence: Targets breaches of Apprehended Domestic Violence Orders (ADVOs) where the offender intends to cause harm or fear. Maximum penalty: 3 years’ imprisonment.
- Persistent Breach Offence: Applies when an offender breaches an ADVO three or more times within 28 days, reflecting escalating behaviour. Maximum penalty: 5 years’ imprisonment
These complement the existing breach offence, which carries a maximum of 2 years’ imprisonment.
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Serious Domestic Abuse Prevention Orders (SDAPOs)
Adapted from organised crime legislation, SDAPOs allow courts to impose tailored conditions on high-risk offenders, such as:
- Reporting to police
- Restrictions on social media and dating apps
- Notification of new intimate relationships
Breaching an SDAPO is a criminal offence, punishable by up to 5 years’ imprisonment and/or a $33,000 fine
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Criminalisation of Coercive Control
NSW is now the first Australian jurisdiction to criminalise coercive control as a standalone offence. This form of abuse includes patterns of intimidation, isolation, financial control, and threats. Perpetrators face up to 7 years’ imprisonment
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Strengthened Bail Laws
Accused persons charged with serious domestic violence offences must now show cause why they should be granted bail. The reforms also expand the “unacceptable risk” test to include red flag behaviours such as stalking, verbal abuse, and threats to pets
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Modernised Definition of Stalking
The definition of stalking now explicitly includes technology-facilitated tracking, such as GPS monitoring or accessing online accounts, even without direct contact
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Safer Child Name Changes
Amendments to the Births, Deaths and Marriages Registration Act 1995 allow a sole parent with a Family Court order to change their child’s name without needing the other parent’s consent—an important safety measure for victim-survivors
Implications for Legal Practice
These reforms mark a significant shift in how domestic and family violence is addressed in NSW. For legal practitioners, especially those in criminal defence and victim advocacy, it is crucial to understand:
- The evidentiary thresholds for new offences
- The procedural implications of SDAPOs
- The expanded bail considerations
- The broader scope of stalking and coercive control
At Baybridge Criminal Lawyers, we remain committed to staying at the forefront of legal developments and advocating for justice—whether defending the rights of the accused or supporting victim-survivors through complex legal processes.
