The Government welcomed the final passage of these life-saving laws which will now recognise this insidious criminal behaviour, protecting people either experiencing or at risk of domestic, family or sexual violence.

The new legislation criminalises behaviour that a reasonable person would consider has, or is likely to have, a controlling impact on an offender’s current or former intimate partner. Behaviour will be taken to have a controlling impact on a person if it restricts one or more aspects of the person’s life including:

• Freedom of movement;
• Freedom of action;
• Ability to engage in social, political, religious, cultural, educational or economic activities;
• Ability to make choices with respect to their body; or
• Ability to access the justice system, basic necessities, support services or property they own.

When prosecuting the offence, authorities need to prove that a reasonable person would consider the defendant’s conduct was likely to cause physical or psychological harm, with offenders convicted of the offence facing up to seven years in prison.

The Government is consulting with key stakeholders – including family violence support services, the courts, SAPOL, and the Director of Public Prosecutions – before the laws come into effect.